Division of Employee and Employer Contributions
A 401(k) often includes both the participant’s contributions and additional amounts from the employer, which may be subject to vesting. In your QDRO, you can either define a flat dollar amount or a percentage. Depending on the divorce date and length of marriage, it may make sense to divide only the marital portion of the account.
Example: If the participant had $100,000 at the time of divorce, and $60,000 was earned during the marriage, the alternate payee might receive half of the $60,000.

