Employee vs. Employer Contributions
Most 401(k) plans consist of two main types of contributions: amounts the employee contributes directly from their paycheck, and amounts the employer may match. During a divorce, both sources of funds may be marital property—depending on your state’s laws and when the contributions were made.
Your QDRO must specify whether it’s dividing just the participant’s contributions or also employer matches. Additionally, any earnings accumulated on those contributions until the division date may also be subject to division. The language in your order needs to be precise and instructive for the plan to process the split.

