Employee and Employer Contributions
Most 401(k) plans involve a combination of employee salary deferrals and employer matching contributions. When dividing this plan, a key question is what portion of the account was earned during the marriage. Under most state laws, only the marital portion of assets is subject to division.
If employer contributions are included, the QDRO should state whether only the vested portion is being divided or whether unvested amounts that vest later should also be shared. If your spouse will vest in more employer contributions after the divorce, your QDRO should clarify whether you’re entitled to part of those increases.

