Employee vs. Employer Contributions
When dividing a 401(k) account, both employee contributions (what the participant has contributed through salary deferrals) and employer contributions (matches or profit sharing) may be subject to division. However, employer contributions are often subject to a vesting schedule.
If your spouse is not fully vested in the employer contributions, some of those funds may not be available for division or may be forfeited if employment ends before vesting completes. Be sure your QDRO specifies exactly which portion you’re dividing and whether any future vesting is considered.

