Employee vs. Employer Contributions
Participants in 401(k) plans often receive both their own contributions (made through payroll deductions) and employer contributions (like matching or profit sharing). In most divorces, both types of contributions may be divisible—provided they were earned during the marriage.
However, employer contributions may be subject to a vesting schedule. If the employee isn’t fully vested, some funds may be forfeitable and not actually available for division. Make sure your QDRO clearly states how any forfeited amounts are to be handled.

