Employee and Employer Contributions
Most 401(k) plans include payroll deferrals made by the employee (your spouse) and matching or profit-sharing contributions from the employer. You are generally only eligible to receive a portion of the balance accrued during the marriage. Contributions made before the marriage or after the date of separation are typically excluded—unless otherwise negotiated.
Importantly, employer contributions may also be subject to a vesting schedule. That means some of that “balance” might not actually belong to your spouse yet if the vesting threshold hasn’t been met. Anything unvested can’t legally be awarded in a QDRO and will be forfeited when they leave the company—something to be aware of during settlement discussions.

