Employee and Employer Contributions
Most 401(k) plans include both employee contributions (deferred income placed into the account) and employer contributions (matching or discretionary amounts). In divorces, the default approach is to divide the vested balance as of a specific “valuation date,” often the date of separation or divorce filing.
Important: Some employer contributions may not be fully vested. This matters. If your spouse has unvested employer contributions, those amounts may be forfeited if employment ends—meaning you could walk away with less than expected unless the QDRO includes careful language addressing this.

