Employee and Employer Contributions
In most 401(k) plans, the participant contributes a portion of their paycheck pre-tax, and the employer may also contribute in the form of matching or discretionary contributions. In divorce, those total holdings—employee contributions, employer contributions, and investment growth—can all be divided via QDRO.
However, employer contributions may be subject to a vesting schedule. That means some of the account value may not yet belong to the employee until they work a certain number of years. The QDRO must specify whether the alternate payee receives only vested amounts or also shares future vesting, if applicable.

