Distinguishing Between Employee and Employer Contributions
When splitting a 401(k) in a divorce, make sure your QDRO addresses how to handle both the participant’s paycheck contributions (employee contributions) and any contributions from the employer (matching or discretionary).
In many cases, only vested employer contributions are divisible. That’s why your QDRO must say whether the alternate payee is entitled to only the vested balance or if they should receive future vesting based on original marriage-related employment dates.

