Employee and Employer Contributions
The typical 401(k) plan includes contributions from the employee and possibly the employer. In most divorces, the portion earned during the marriage is considered marital property. That may include employer contributions—but only if they’re vested.
Some plans have strong vesting schedules. For example, if the employer matches contributions, the employee might only gradually earn the right to those—commonly on a 3- or 5-year schedule. If a divorce occurs before full vesting, only the vested portion can be divided via QDRO.

