Dividing Employee and Employer Contributions
401(k) accounts typically include money the employee contributed from their paycheck and money the employer contributed as a match or profit-sharing. These amounts are often subject to different rules in divorce. Some QDROs specify a flat percentage of the total account, while others separate employee and employer contributions.
If your spouse was the employee, your awarded share may or may not include the employer contributions, depending on how vested those funds are. We’ll talk more about vesting below.

