Employee and Employer Contributions
401(k) accounts often contain contributions made directly by the employee (participant) and matching contributions from the employer. In a divorce, the QDRO can grant a portion of the account balance to the non-employee spouse (known as the alternate payee), but it must clearly state which contributions are being divided.
You should clarify whether you’re dividing just the vested balance, or both vested and non-vested portions. In most divorces, only vested balances are included, but this depends on your settlement agreement.

