Employee vs. Employer Contributions
All employee contributions made to The Palmer Group 401 (k) Plan are marital property during the marriage. But employer contributions may be subject to a vesting schedule. If your spouse isn’t fully vested, a portion of the account may not be available for division now or ever.
When drafting a QDRO, we identify the exact date of division (called the valuation date) and clarify whether the alternate payee (usually the non-employee spouse) will receive a percentage of the entire 401(k) or only certain contributions (employee only, vested employer, etc.).

