Employee and Employer Contributions
Employee contributions in a 401(k) plan are usually 100% vested, meaning they are not forfeited in a divorce or job change. Employer contributions, on the other hand, often follow a vesting schedule. If only partially vested, the non-vested portion may be forfeited upon divorce or termination.
For example, if the participant has been employed for only three years and the employer uses a five-year vesting schedule, only part of the employer contributions may be considered marital property. Your QDRO must clearly state that only the vested portion of employer contributions is to be divided—or better yet, provide for an updated calculation on the date of distribution.

