1. Employee and Employer Contribution Splits
401(k) plans typically include two types of contributions: employee and employer. Contributions made during the marriage are usually considered marital property, but employer contributions may be subject to a vesting schedule.
This means any non-vested employer contributions may not be available for division. It’s important your QDRO specifies whether the alternate payee is entitled only to the vested balance at the time of division, or whether the payout should be delayed until vesting is completed.

