Employee and Employer Contributions
In a 401(k) like the Harris Kocher Engineering Group, Inc.. 401(k), both employee deferrals and employer contributions may be part of the account balance. However, only vested portions of employer contributions are divisible under a QDRO. For example, if the participant is only 50% vested at the time of divorce, only half of the employer match is part of the divisible marital property.
Define in the QDRO whether to include only the vested amount as of the cutoff date (usually the marital separation date, date of divorce, or another agreed-upon date), and whether any contributions made after that date are excluded.

