Employee vs. Employer Contributions
401(k) accounts often include both employee salary deferrals and employer-matching contributions. A QDRO can divide only the portion that’s marital property. That typically includes contributions made—and gains/losses accrued—during the marriage.
Employer contributions may not be fully vested at the time of divorce. If portions are unvested, the alternate payee won’t be entitled to that share unless and until it vests, and even then only if the QDRO includes the proper language.

