Employee and Employer Contributions
Contributions to a 401(k) consist of two types: those made by the employee (through elective salary deferrals) and those made by the employer (matching or profit-sharing). You can decide in your divorce agreement whether to divide the full account, only marital contributions, or just the vested balance.
In most divorce settlements, only the marital portion (usually dated from the marriage to either separation or divorce filing) is divided. But if you’re not specific in your QDRO language, the plan might default to dividing the full balance.

