Employee vs. Employer Contributions
401(k) accounts typically include contributions made by both the employee and the employer. In divorce, the QDRO needs to address both sources. The employee’s contributions and investment earnings are generally marital property if made during the marriage. The employer’s contributions might be subject to a vesting schedule—which can limit what’s actually divisible.
If the employer made contributions during the marriage but they’re not fully vested at the time of separation, you’ll need to decide whether to include or exclude them from the QDRO. Be careful: if you try to divide unvested amounts, the plan may reject the order entirely.

