Employee and Employer Contributions
This 401(k) plan likely includes both employee deferrals and employer matching contributions. QDROs can assign rights to:
- Employee deferrals (money personally contributed by the participant)
- Vested employer contributions (match or discretionary contributions that have vested)
Make sure the QDRO clearly distinguishes between these. If the employer contributions are not fully vested, unvested amounts may be forfeited upon division depending on the plan terms.

