Employee and Employer Contributions
Most 401(k) plans are made up of two main contribution sources: employee deferrals and employer matching. In a divorce, the QDRO can specify whether just the marital portion or the entire account (including premarital contributions) is divided. If the spouse contributed to the account both before and during the marriage, only the marital portion may be subject to division unless otherwise agreed upon.
Employer contributions might not be fully vested. That means depending on the vesting schedule, part of the employer’s matching funds may be forfeited if the employee hasn’t worked there long enough. The QDRO must be clear about including only vested employer contributions or accounting for the vesting schedule if applicable.

