Employee and Employer Contributions
Most 401(k) plans consist of two types of contributions: employee deferrals and employer matches. Generally, a QDRO can divide either or both, but it’s essential to clarify whether each component is being divided and whether employer contributions are vested.
In our experience, employer contributions in a 401(k) can be restricted if they are not yet vested. If the marriage ended while some employer contributions were unvested, the alternate payee may not be entitled to those funds unless the language of the QDRO specifically addresses forfeitures.

