Employee vs. Employer Contributions
401(k) accounts typically include two types of contributions—employee contributions (voluntarily deferred from wages) and employer contributions (such as matching or profit-sharing). A QDRO must consider both.
Participant contributions are generally fully vested and can be divided, but employer contributions might follow a vesting schedule. That means only a portion may be divisible at the time of divorce. If your spouse isn’t fully vested, some of their employer contributions may be forfeited and won’t be available to divide.

