Employee vs. Employer Contributions
401(k) plans often include both employee deferrals and employer matching contributions. It’s important to know what portion was contributed by the participant and what was matched by the employer. Only vested employer contributions are subject to division via QDRO.
For example, if the participant has worked at Jude’s barbershop, Inc.. 401(k) plan for only a short time, a significant portion of the employer contributions may not be vested. That means they cannot be included in the alternate payee’s share.

