Employee vs. Employer Contributions
401(k) plans typically include contributions made by the employee (the account holder) and contributions made by the employer. In this plan, it’s likely the employer matches a portion of the employee’s salary deferral contributions.
Important: Employer contributions may not be fully vested. This means your spouse might not own those funds yet. The QDRO should clearly state whether unvested funds are included in the division or excluded—especially because the employer match may follow a vesting schedule (e.g., 20% each year for five years).

