Employee vs. Employer Contributions
Most 401(k) plans include both employee voluntary contributions and employer matching or profit-sharing contributions. In your QDRO, you can decide to divide only the portion contributed by the employee or include the employer’s contributions, as long as they are vested.
Be aware that employer contributions may have not yet vested. If your QDRO includes unvested amounts, the alternate payee could receive nothing if those funds are forfeited. It’s better to draft QDROs based on vested balances as of a clear valuation date.

