Employee and Employer Contributions
In a typical 401(k), the participant makes contributions from their paycheck, sometimes matched by the employer. When dividing the account, the QDRO can split the account balance by a percentage, dollar amount, or date-specific value. It must be clearly written whether both employee and employer contributions are included.
If the employer provides matching contributions, those may be subject to vesting (based on how long the employee worked for the company). Unvested amounts are not considered divisible property and may be forfeited if not vested at the time of divorce.

