Employee and Employer Contributions
The 401(k) plan likely includes two sources of funding: employee deferrals and employer profit-sharing contributions. A QDRO can divide both, but any division must be clearly stated. Also, you must clarify whether you intend to divide only the marital portion (e.g., contributions made during the marriage) or the entire balance.
Employer contributions are often subject to a vesting schedule. If part of the employer contributions remains unvested, that portion may not be payable to the alternate payee. Any QDRO submitted should include language on how to handle forfeited or unvested amounts, or risk rejection by the plan administrator.

