Employee vs. Employer Contributions
In most 401(k) plans, there are two contribution types: those made by the employee (participant) and those made by the employer. When a QDRO is drafted, it must state whether both types are being divided. In many divorce cases, the alternate payee (usually the non-employee spouse) is granted a percentage of the total account balance accrued during the marriage, including both contributions.
However, sometimes employer contributions are tied to a vesting schedule—more on that below.

