Employee and Employer Contributions
401(k) plans typically include both employee contributions (from the participant’s paycheck) and employer contributions (such as matches or profit sharing). In a QDRO, you have the option to divide only the marital portion, which usually includes both types of contributions earned during the marriage.
However, be aware: employer contributions may be subject to a vesting schedule—that’s something you’ll want to check before finalizing terms. If any contributions are unvested when the divorce occurs, they may not be available for division (though you could include language in your QDRO to allow receipt of future vesting if it occurs).

