Employee and Employer Contributions
Your 401(k) balance may include both employee deferrals and employer contributions. The participant’s own contributions are generally fully vested and available for immediate division. However, employer contributions may be subject to a vesting schedule.
If your divorce takes place while you’re still employed or only partially vested, you may only be entitled to a portion of your spouse’s employer contributions. The QDRO should make clear whether it applies only to the vested balance or to the employer match as it vests over time.

