Employee and Employer Contributions
Both parties need to understand that a 401(k) plan can include contributions made by the employee (through salary deferrals) and by the employer (as matching or discretionary contributions). In a divorce, only the portions earned during the marriage are subject to division under the QDRO.
Even more important: employer contributions may be subject to a vesting schedule. That means they don’t immediately “belong” to the participant. If you’re the alternate payee, you might not be entitled to unvested funds unless the plan participant meets certain criteria (usually continued employment).

