Employee vs. Employer Contributions
Participants typically contribute a portion of their salary to the 401(k), and the employer may match a percentage. During divorce, both contributions can be split—but only the vested portion of employer contributions is available for division. The QDRO must clearly state whether it covers only the participant’s deferrals, employer matching contributions, or both.
If you are the alternate payee, you’re only entitled to the marital portion, which is generally calculated from the date of marriage to the date of separation or divorce. Be sure your QDRO specifies these dates and the formula used to calculate your share.

