Employee vs. Employer Contributions
401(k) accounts typically include salary deferrals (employee contributions) and sometimes matching or profit-sharing contributions (employer contributions). In a QDRO, you can request a percentage or dollar amount of either or both.
Be aware of the employer vesting schedule. If your spouse’s employer contributions aren’t fully vested by the time of the divorce, you may not be able to claim the full balance. In some cases, the QDRO can include a clause that assigns a portion of future vesting, but that depends on the plan’s rules.

