Employee vs. Employer Contributions
Most 401(k) plans consist of contributions made by the employee (salary deferrals) and the employer (match or profit sharing). A QDRO can divide any or all of these funds, but it’s important to specify what’s being awarded. In many divorces, only the marital portion — typically the contributions and growth earned during the marriage — is divided.
Be aware that if your spouse continues working after the divorce, future contributions are not subject to division unless otherwise specified. Work with your attorney or QDRO professional to define the eligible portion by date or percentage.

