Employee vs. Employer Contributions
401(k) plans almost always include two types of contributions: employee contributions and employer matching or discretionary contributions. These need to be addressed clearly—do both contribution types get divided, or only the participant’s contributions?
Employer contributions may also be subject to vesting schedules. An ex-spouse cannot receive a share of amounts that are not vested as of the division date, unless otherwise agreed. Even if those amounts later vest, the alternate payee may not be entitled to them unless the QDRO specifies it.

