Employee and Employer Contributions
Employee contributions are always considered marital property if made during the marriage, but employer contributions are trickier. Many 401(k)s, including the Epoch Development, Inc.. 401(k) Plan, have vesting schedules tied to how long someone’s been with the company. If some employer contributions haven’t fully vested, they may not be available for division.
A good QDRO will draw the line between vested and unvested amounts and specify that only vested employer contributions are shared.

