1. Employee Contributions vs. Employer Contributions
401(k) accounts often have two funding sources: what the employee (the plan participant) puts in and what the employer contributes. In a divorce, the portion that gets divided by the QDRO is typically the marital share—what was earned or contributed during the marriage. That could include both sources if they were added during the marriage.
However, employer contributions might be subject to vesting schedules. If your spouse hasn’t stayed at the company long enough, some employer contributions may not be vested and, therefore, not included in the marital portion.

