Employee vs. Employer Contributions
401(k) plans usually include money the employee contributes from their paycheck and amounts contributed by the employer. In most divorces, these are both considered marital assets (if earned during the marriage). However, employer contributions may be subject to a vesting schedule.
If part of the employer match is not yet vested, the QDRO should specify whether the alternate payee receives only the vested portion or also any later-vested amounts. Failing to deal with vesting correctly can lead to the alternate payee receiving less than expected—or the order being rejected outright.

