Employee vs. Employer Contributions
401(k) plans generally include both employee deferrals and employer match or profit-sharing contributions. The QDRO must clarify how each component should be divided. In many cases, divorcing parties choose to split the total balance as of a certain date or divide only the marital portion attributed to the marriage period.
The employer contributions may be subject to a vesting schedule, meaning they may not be fully owned by the employee until a certain number of years of service. These unvested amounts should not be included in the division unless your agreement or judgment indicates otherwise.

