Employee vs. Employer Contributions
Many 401(k) plans include both employee deferrals and employer matching contributions. Contributions made by the plan participant during the marriage are typically marital property and subject to division. However, whether employer contributions can be divided depends on their vesting status (more on that below).
Your QDRO should clearly state whether it’s dividing the total account, only vested balances, or just the marital portion. Make sure to clarify cut-off dates consistent with your divorce judgment—either the date of separation, date of filing, or date of divorce.

