Employee and Employer Contributions
401(k) plans typically include both employee contributions (from payroll deductions) and employer contributions (matching or profit-sharing). In community property states or under equitable division laws, both types of contributions accrued during the marriage are usually part of the marital estate.
When dividing the Os Enterprises Inc.. 401(k) Plan, your QDRO should clearly state whether you’re dividing just employee contributions or including employer contributions as well. If employer contributions are subject to a vesting schedule, that brings us to the next key factor.

