Employee vs. Employer Contributions
401(k) plans often include both employee deferrals and employer contributions. In your QDRO, you’ll need to make sure you’re accounting for how each of these should be divided. Typically, the portion of the retirement account earned during the marriage is treated as marital property, regardless of whether the money came from the employee or employer.
But some employer contributions may be subject to vesting schedules (which we’ll cover next), and that changes what portion is actually available to be divided.

