Employee vs. Employer Contributions
Every 401(k) includes employee contributions (what the participant personally adds from their paycheck) and employer contributions (matching or other employer funding). Your QDRO must spell out whether the alternate payee (typically the ex-spouse) is receiving a portion of just employee contributions or both.
Some divorcing spouses agree to divide only vested amounts—or total balances regardless of vesting. Clarifying whether both categories will be divided is crucial. Employer contributions that aren’t vested at the time of divorce may be excluded from division unless otherwise agreed upon.

