Employee and Employer Contributions
401(k) plans often include both employee and employer contributions. In divorce, only the marital portion is divided—typically the account balance during the period of the marriage. However, employer contributions may be subject to a vesting schedule. If your spouse is not fully vested, unvested amounts could be forfeited if they leave their job.
It’s important to specify in the QDRO whether you’re dividing the account as of a specific date (like the date of separation) and if you want to include investment gains and losses after that date.

