1. Dividing Employee and Employer Contributions
401(k) plans generally include both employee contributions (salary deferrals) and employer contributions such as matching. In your QDRO, you can specify whether the alternate payee receives a share of just the employee contributions, just the employer contributions, or both.
One important note: If the plan includes unvested employer contributions, those may be excluded from division under the QDRO. The alternate payee is only entitled to the vested portion of the account as of the division date.

