Employee vs. Employer Contributions
In many 401(k) plans, the employee contributes a portion of their paycheck, and the employer may match it to a certain percentage. Under divorce law, both employee and vested employer contributions are generally subject to division.
Your QDRO should clearly state whether the alternate payee is receiving a percentage of the full account balance or only specific components (e.g., employee contributions only, or only certain years). If employer contributions are not yet vested, they often won’t be included in the division unless specified with future vesting rights in the QDRO.

