Employee vs. Employer Contributions
One of the biggest factors in dividing a 401(k) is whether you’re dealing with employee contributions, employer matching funds, or both. Typically, the QDRO addresses the entire account value as of a certain “valuation date”—often the date of separation or judgment.
However, employer contributions may be subject to a vesting schedule. If your spouse is not fully vested, a portion of the employer match may not be included in the division. Make sure you review the vesting schedule and whether any amounts have been forfeited or are likely to be forfeited.

