Employee and Employer Contributions
In most 401(k) plans, the employee contributes a portion of their paycheck on a pre-tax or Roth basis, while the employer may match a portion of those contributions. Under a QDRO, both types of contributions can be divided—but only the vested portion of the employer’s matching contributions is available to the alternate payee.
If the participant isn’t 100% vested yet, only the vested portion will be distributed. Non-vested funds typically remain with the participant unless language is added to protect those amounts in case they vest later.

