Employee vs. Employer Contributions
401(k) plans usually include both employee deferrals and employer matching contributions. The QDRO must clearly spell out which portion is to be divided and whether it includes just the employee’s deferrals, or the employer match as well.
If the plan participant started working while married, even unvested employer contributions might be considered marital property under state law. However, whether those amounts are divided depends on the specific terms of the QDRO and how long the employee has worked for GAF Materials LLC.

