Employee and Employer Contributions
For 401(k) plans, the participant usually contributes a portion of their pay, while the employer may offer matching or discretionary contributions. It’s important to know which portion of the account was contributed during the marriage, since that portion is generally divisible.
Employer contributions may come with a vesting schedule. If the participant’s employer contributions are not fully vested at the time of divorce, the non-vested portion may not be transferable—at least not yet. Your QDRO can address how to handle future vesting, which may be relevant if you’re dividing the marital portion based on a percentage of the account.

