Employee vs. Employer Contributions
In most 401(k) plans, participants contribute through payroll deductions, and employers may also contribute—sometimes on a matching basis. Under a QDRO, both employee and employer contributions are potentially divisible, but only if the participant is vested in those employer contributions.
For instance, if a participant is 60% vested in employer contributions, and the QDRO assigns 50% of the account to the former spouse (the “alternate payee”), the order should only give them half of the vested portion—not the amount the participant hasn’t yet earned under the vesting schedule.

