Employee vs. Employer Contributions
401(k) plans typically include both employee salary deferrals and matching or discretionary employer contributions. In most divorce cases, all contributions made during the marriage are considered marital property and subject to division.
However, make sure the QDRO clearly defines whether it divides just the employee contributions, or both employee and employer contributions. Many employer contributions are subject to a vesting schedule (discussed further below), so not all of them will belong to the participant—or their ex-spouse—at the time of division.

