Employee vs. Employer Contributions
Participants typically make pre-tax or Roth contributions from their paychecks, while employers may contribute matching or discretionary amounts into the account. In a divorce, these sources may be divided differently, especially if some of the employer contributions aren’t vested yet.
Be clear in your QDRO about what types of contributions are being divided. If only employee contributions are to be split, that must be stated explicitly. If you intend to divide the full account balance—including vested employer contributions—that must be documented clearly as well.

