Employee and Employer Contributions
Most 401(k) accounts include both employee contributions (taken directly from paychecks) and employer contributions. In this plan, employer contributions likely follow a vesting schedule. This means your spouse may not be fully entitled to the entire employer match yet.
The QDRO must clarify whether the alternate payee (you or your spouse) is receiving a share of just the vested part of the employer match or the full account. If unvested amounts are included but later forfeited, the QDRO can include language to handle this scenario.

