Employee vs. Employer Contributions
Most 401(k) plans include two key sources of funds: amounts the employee contributes and amounts contributed by the employer (often as a matching percentage). During divorce, both types of contributions may be divisible depending on the plan terms and how the divorce court allocated the asset.
The QDRO should clearly explain which contributions are to be split and whether each party is entitled to gains/losses accrued from those amounts. For example, a QDRO might award the alternate payee 50% of all vested employer contributions as of a certain date, including earnings up to the date of distribution.

