Employee vs. Employer Contributions
In divorce, only contributions made during the marital period are typically considered marital property. Most 401(k) plans include both employee deferrals and employer matching. If the employer made contributions, those are subject to division—but only if they were vested.
Any unvested employer contributions may be forfeited if the employee leaves the company before meeting the vesting requirement. This comes into play when drafting the QDRO. If vesting is complex or ongoing, your order needs to be written to exclude any forfeited, non-vested funds after separation or divorce finalization.

