1. Employee vs. Employer Contributions
401(k) plans include both employee deferrals and often employer matches or profit-sharing contributions. In your divorce, only the portion earned during the marriage (also called “marital or community property”) is usually subject to division.
However, keep in mind that not all employer contributions are immediately vested. If your spouse is not fully vested, some of those employer funds may not be available for distribution to you through the QDRO. The QDRO should clearly define whether unvested benefits are included or excluded in the division.

