Division of Employee and Employer Contributions
401(k) plans typically consist of two major components: employee contributions (made from salary deferrals) and employer contributions (which may be subject to a vesting schedule). In a QDRO, you can request a percentage, dollar amount, or formula-based share of the account balance as of a specific date (e.g., the date of separation).
Be aware: only vested employer contributions are available to be divided. If the participant’s employer contributions are unvested at the time of divorce, the alternate payee has no legal right to them under a QDRO unless they later vest and the order contains favorable language preserving future earnings or vesting.

