Employee vs. Employer Contributions
Most 401(k) plans include both employee contributions (what the participant put in from their paycheck) and employer contributions (often through a matching program). Only the portion of the account accumulated during the marriage is considered marital property. However, when employer contributions are involved, they may still be unvested at the time of divorce—meaning the employee hasn’t earned the right to keep them yet.
Unvested amounts are usually not divided in a QDRO and may be forfeited if the employee leaves the company. Your QDRO should make it clear whether the alternate payee receives only the vested portion or whether they are partially entitled to future vesting if the participant remains employed.

