Employee vs. Employer Contributions
In many 401(k) plans, employees make their own contributions directly from paycheck deductions. Employers may also contribute—usually through a matching contribution based on the employee’s salary or contributions.
In a divorce, all contributions made during the marriage are generally considered marital property. However, it’s critical to note that employer contributions may be subject to vesting. If some or all of the employer contributions haven’t vested at the time of divorce, they typically aren’t available for division under a QDRO.

