Employee vs. Employer Contributions
Most 401(k) accounts include both employee deferrals and employer contributions. However, employer contributions may be subject to a vesting schedule. In your divorce, the QDRO must specify whether the division includes both vested and nonvested amounts. If employer funds are not yet fully vested at the time of divorce, the ex-spouse (often called the “alternate payee”) may not be entitled to the full expected marital value.

