Employee vs. Employer Contributions
Most 401(k) accounts contain contributions made by both the employee and the employer. Your QDRO must clarify whether the alternate payee is receiving a portion of just the employee’s contributions, or the total account including employer matches.
Keep in mind, some employer contributions are subject to vesting. That means not all the employer money in the account is immediately “owned” by the employee. If any amount is unvested at the time of divorce, the QDRO should specify what happens to those unreleased funds. Many parties choose to include language that allows for an adjustment if unvested amounts later vest.

