Employee vs. Employer Contributions
Many people mistakenly assume that all funds in the 401(k) account are fair game. That isn’t always the case. Contributions by the employee are usually fully divisible, assuming they were made during the marriage. But employer contributions—especially those subject to vesting—may not be entirely marital property.
If any employer contributions were unvested at the time of divorce, they may not be included in the divided amount. A good QDRO will clearly define whether employer contributions are included and handle forfeitures appropriately.

