Employee and Employer Contributions
This 401(k) plan likely includes both employee deferrals and employer contributions. In many cases, the participant’s contributions are fully owned (100% vested), while employer contributions may be subject to vesting schedules.
In divorce, only the vested portion can usually be assigned to the alternate payee. If you’re awarded a percentage of the account, it’s crucial to make sure the QDRO defines whether that includes employer contributions—vested only or all contributions as of a certain date.

