Employee Contributions vs. Employer Contributions
Most 401(k) accounts include some mix of employee deferrals and employer matching or profit-sharing contributions. These two types of deposits may be treated differently upon division. Unless the divorce agreement specifies otherwise, the QDRO typically assigns a percentage or dollar amount of the total account as the marital share, without carving out employee versus employer funds.
However, particular care is required when employer contributions are subject to vesting schedules.

