Employee and Employer Contributions
Both employee contributions and vested employer contributions are available for division. However, unvested employer contributions may be forfeited depending on the plan’s vesting schedule. That means an ex-spouse may not be entitled to any unvested employer match unless it becomes vested later and the QDRO was drafted to include it.
In most QDROs for 401(k) plans, the alternate payee (usually the non-participant spouse) receives either a flat dollar amount or a percentage of the account balance as of a specific date. Any growth or loss after that date can be included or excluded depending on the language in the QDRO.

