Employee vs. Employer Contributions
The portion of the 401(k) funded by the employee through salary deferrals typically belongs entirely to the participant and is considered marital property (if acquired during the marriage). Employer contributions, however, are often subject to vesting schedules. That means your spouse may not be entitled to the full match unless the participant has met certain employment requirements.
When dividing the Dof Subsea Usa, Inc.. 401(k) Plan, the QDRO must state clearly whether the alternate payee receives a share of just the vested portion or both vested and future vesting amounts. This is a strategic decision best made with legal guidance.

