1. Contributions: Employee vs. Employer
401(k) accounts contain funds from employee contributions and possibly employer matches. Your QDRO must state clearly whether the division includes just the employee’s contributions or both employee and employer contributions.
For example, if the participant contributed $50,000 during the marriage and the employer matched $25,000, the alternate payee might be entitled to a portion of the $75,000—if that’s what the court awards. However, if employer matching is not yet vested (see below), that can reduce what’s available for division.

