Employee vs. Employer Contributions
In 401(k) plans, balances often include both employee contributions (amounts the participant has elected to defer from their paycheck) and employer contributions (such as matches or profit sharing). The QDRO must decide what portion of each is being awarded to the non-employee spouse.
Many divorces award a percentage of the total balance as of the date of separation or divorce. But if employer contributions aren’t fully vested, the alternate payee may be excluded from receiving any unvested portion.

