Employee vs. Employer Contributions
This 401(k) plan may include both employee contributions (what the participant put in from their paycheck) and employer contributions (often matching). Only vested employer contributions are typically subject to division. That’s why it’s critical for the QDRO to specify whether it divides just employee contributions, or all vested funds.
Unvested employer contributions are not guaranteed. If an employee isn’t fully vested yet, the non-vested portion may be forfeited if they leave the company. A well-written QDRO should clarify whether the alternate payee is entitled only to the vested portion as of the date of divorce, or a growing share over time if vesting continues.

