Employee and Employer Contributions
In a divorce, both employee contributions and vested employer contributions may be divided. However, unvested employer contributions typically can’t be awarded unless the employee stays with the company long enough to vest.
Many 401(k) plans have a vesting schedule, which may delay ownership of matching contributions. For instance, if you’re only 40% vested, your ex-spouse may only be entitled to that portion during the division. This can drastically change the amount being split. A solid QDRO will need to account for future vesting or clearly state that only vested funds are included.

