1. Employee vs. Employer Contributions
401(k) plans usually include employee salary deferrals and may also include employer contributions. In divorce, both types of money can be divided. But there’s a catch — employer contributions are often subject to a vesting schedule.
If some employer contributions haven’t vested as of the division date, they typically stay with the employee participant. Your QDRO needs to specify whether only vested funds are divided or whether non-vested amounts should be reconsidered later.

