Employee vs. Employer Contributions
A QDRO can only divide funds that exist in the account. Both employee and employer contributions may be available to divide, but you need to know whether the employer’s contributions are vested. Depending on the plan’s vesting schedule, which is common for 401(k) plans in corporate settings, some of the employer match may not be available for division unless the employee has met the necessary service requirements.
When drafting a QDRO, it’s smart to specify whether the alternate payee (the ex-spouse) will receive a percentage of only the vested balance or the total balance subject to vesting, with adjustments made later. Be clear—plan administrators will not interpret vague language in your favor.

