Employee vs. Employer Contributions
One of the most important distinctions in any 401(k) plan is between what the employee (participant) contributes and what the employer puts in. A QDRO can apply to either or both types of contributions, depending on how long the couple was married during the employment period and how the division is structured in the divorce decree.
Example: If the employee contributed $100,000 and the employer contributed $50,000, but only $30,000 of employer contributions are vested, the QDRO can specify the alternate payee’s share of those amounts. If any of the employer contributions are unvested, they may be subject to forfeiture later depending on the participant’s employment status.

