Employee and Employer Contributions
401(k) accounts usually consist of both employee contributions (money the participant directly defers from their paycheck) and employer contributions (matching or discretionary contributions from the company). In a divorce, both types of contributions might be eligible for division—depending on the timing and the participant’s vesting schedule at the time of separation.
It’s common to divide only the community portion of the total account, typically based on contributions and earnings that accrued during the marriage. Your QDRO should clearly state whether it includes just the vested portion or also addresses future vesting scenarios.

