Employee vs. Employer Contributions
401(k) plans typically include both employee deferrals and employer matching or discretionary contributions. While employee contributions are always considered marital property if earned during the marriage, employer contributions get trickier.
If the plan has a vesting schedule, you’ll need to determine which portion of the employer contributions were vested as of the divorce date or QDRO valuation date. Only vested portions are usually divisible in a QDRO. The rest, if unvested, are assumed to revert to the plan if the participant leaves employment before vesting fully.

