Employee and Employer Contributions
401(k) plans like this one usually include both employee deferrals and employer matching or profit-sharing contributions. A QDRO should clearly define whether the alternate payee is receiving a portion of all contributions, just those earned during the marriage, or only vested balances.
Sometimes people assume they’re getting “half the account” when in reality, the marital portion may be smaller or larger depending on when contributions were made and how gains or losses are handled.

