Employee vs. Employer Contributions
Most 401(k) accounts include both employee deferrals (the money your spouse or you contributed from paychecks) and employer contributions (matching or profit-sharing). In divorce, the QDRO can award either all or part of these balances to the alternate payee (typically the non-employee spouse). However, employer contributions might be subject to vesting rules, meaning they aren’t fully owned by the employee unless they’ve remained with the company long enough. That can drastically affect how much is actually available to divide.

