Employee vs. Employer Contributions
Contributions in a 401(k) plan are usually from two sources: the employee and the employer. While employee contributions are usually considered marital property if made during the marriage, employer contributions often follow a vesting schedule.
If the Berk Enterprises Inc.. Retirement Plan includes employer matches, you’ll need to determine how much of those matches have vested. Unvested funds typically remain with the employee and are not divisible. However, the QDRO must clearly address this distinction.

