Employee and Employer Contributions
Most 401(k) plans include both employee deferrals and employer matching or profit-sharing contributions. When dividing an account in divorce, both types of contributions may be split. However, employer contributions are often subject to a vesting schedule. If the employee-spouse is not fully vested, some of the account may not be divisible.
The QDRO should make clear whether the alternate payee (usually the former spouse) receives a share of the total balance or only the vested portion. It’s also wise to address how any forfeitures due to vesting are handled.

