Employee vs. Employer Contributions
One of the most important distinctions in dividing a 401(k) account is which contributions are subject to division. QDROs can cover both employee deferrals (what the worker puts in) and employer contributions (often matching funds), but not all employer contributions may be vested at the time of divorce.
If you are the alternate payee (the non-employee spouse), you’ll need to understand how much of the employer contributions were vested as of the division date and whether any amounts may be forfeited. The vesting schedule will determine whether anything is eligible to be divided.

