Employee and Employer Contributions
A key section in your QDRO will cover the division of both employee and employer contributions. Spouses are typically awarded a portion of the total vested account balance as of a set date—usually the date of separation or divorce.
Keep in mind: only vested employer contributions are divisible. If there’s a vesting schedule—and there usually is for 401(k) employer matches or profit sharing—the non-employee spouse may not be entitled to the entire employer-funded portion.

