Employee vs. Employer Contributions
Typically, 401(k) accounts include both participant contributions (money the employee voluntarily contributes through payroll deductions) and employer contributions (such as matching or profit-sharing). The QDRO must specify if the alternate payee (usually the ex-spouse) is to receive a portion of both or only the employee’s contributions.
It’s common to divide the account using a percentage or fixed dollar amount of the vested balance as of a specific date, usually the date of separation or divorce. If employer contributions are included, it’s critical to determine if those contributions are fully vested.

