Employee and Employer Contributions
With 401(k) plans, you may be dealing with both employee contributions (the money the employee puts in from their paycheck) and employer contributions (matching or discretionary contributions from the company). A solid QDRO should clearly state whether it includes both or only employee deferrals.
If you’re dividing a percentage of the full account, it should include all vested employee and employer contributions unless the order says otherwise. Watch for language such as “all vested amounts” to clarify this.

