Employee and Employer Contributions
401(k) accounts include both employee deferrals and employer contributions such as matching or profit-sharing. Under a QDRO, you can divide both types, but only what’s been accrued during the marriage. This is often called the “marital portion.”
Important: employer contributions often follow a vesting schedule. That means some of the employer funds may not be yours to divide—yet. If your spouse isn’t fully vested, only the vested portion can be split through the QDRO.

