Employee vs. Employer Contributions
401(k) plans accumulate funds from both employee salary deferrals and employer matching or profit sharing contributions. In divorces, a QDRO can allocate a portion of each, but only the contributions that are actually vested can usually be assigned to the alternate payee.
If your spouse participated in the Marathon Ventures 401(k) Profit Sharing Plan and part of their balance comes from an employer match, the plan’s vesting schedule determines how much of that match is subject to division.

