Employee vs. Employer Contributions
In most 401(k) plans, contributions fall into two buckets: employee deferrals (the money the participant contributes from their paycheck) and employer contributions (such as matching or profit-sharing). A QDRO must state whether it divides one or both types of contributions.
Be aware: employer contributions often come with vesting schedules. That means some of the employer-funded portion may not “belong” to the participant yet—and could be forfeited if they leave the company prematurely.

