Employee and Employer Contributions
Contributions to 401(k) plans usually come from two sources: the employee and the employer. In a divorce, both types can be divided, but only if they are vested. That means if the employer has put in matching funds that aren’t fully vested at the time of divorce, your ex-spouse may not be legally entitled to that portion.
Confirm with the plan administrator how much of the employer contributions are vested and include only those in your QDRO. Do not assume all contributions are fair game.

