1. Employee vs. Employer Contributions
401(k) accounts are made up of employee contributions (money your spouse contributed from their paycheck) and employer contributions (matches or profit-sharing). In divorce, the default approach is to split only what was earned during the marriage.
However, it’s important to determine what portion came from the employer and whether those contributions are vested. Non-vested employer contributions are typically excluded and may be forfeited if your spouse leaves the company. Your QDRO should clearly explain what to do if contributions are not yet fully yours.

