Employee and Employer Contributions
401(k) plans include two main types of contributions: those made by the employee (salary deferrals) and those made by the employer (matching or profit-sharing contributions). In a QDRO, you can request a percentage or dollar amount of the total account—or even separate percentages for just the marital portion.
Employer contributions may be subject to a vesting schedule. If the participant wasn’t fully vested at the time of separation or divorce, only the vested portion will be part of the marital estate and available to divide.

