Employee vs. Employer Contributions
Most 401(k) plans include both employee contributions (from salary deferrals) and employer contributions (like matching or discretionary contributions). These two sources may be treated differently in a divorce. For example, employer contributions might be subject to a vesting schedule, meaning not all of the funds are guaranteed to the employee—and therefore may not be available to split.
Make sure your QDRO distinguishes between these contribution sources, especially if your agreement includes only marital contributions or a dollar-for-dollar split.

