1. Employee Contributions vs. Employer Contributions
Most 401(k) accounts include employee contributions (amounts deducted from paychecks) and employer contributions (matching or profit-sharing). In many cases, all contributions made during the marriage are marital property. However, employer contributions often involve a vesting schedule, which affects how much is actually owned by the participant at the time of divorce.
If your spouse hasn’t been employed long enough to be fully vested, a portion of the employer contributions may be forfeited—meaning they can’t be divided in a QDRO. The QDRO should address how partially vested amounts are handled and what happens if they become vested later.

