Employee vs. Employer Contributions
Most 401(k) plans consist of employee deferrals and, if applicable, employer matching or profit-sharing contributions. In a divorce, you can choose to divide the total account or only parts of it—such as just the balance attributable to contributions made during the marriage.
Employer contributions are subject to vesting schedules. If the participant isn’t fully vested when the marriage ends, part of the employer-funded portion may be off the table or subject to future forfeiture. A good QDRO should spell out what happens if the participant’s unvested funds later vest post-divorce.

