Employee and Employer Contributions
401(k) plans often include both employee deferrals and employer match or profit-sharing contributions. Only the portions earned during the marriage are “marital property” in most states.
Employer contributions may also be subject to vesting schedules. If the employee hasn’t worked at the company long enough to fully vest, some of those funds may not be available to divide. The QDRO should clearly specify what happens if the employee is only partially vested.

