Employee vs. Employer Contributions
401(k) accounts typically include both employee and employer contributions. The division options under a QDRO might vary depending on how these contributions were made and when. Usually, only those contributions made during the marriage are subject to division.
Employer profit-sharing contributions can be significant, so it’s important to examine whether these are fully vested at the time of divorce. Any unvested employer amounts may not be eligible for division, or may return to the plan upon divorce.

