Employee vs. Employer Contributions
In most 401(k) plans, the account balance includes both employee deferrals (the contribution the employee elects to make each paycheck) and employer contributions (such as a company match or profit-sharing).
Employee contributions and any gains are fully vested and divisible by QDRO. However, employer contributions may be subject to a vesting schedule, meaning only the vested portion is available for division. Unvested amounts may be forfeited at the time of separation and may not be included in your marital division.
Make sure your QDRO clearly states that it applies to vested funds only—or includes language to allow reassessment if more funds vest before the divorce is final.

