Employee vs. Employer Contributions
Most 401(k) plans include both employee deferrals (the money the worker sets aside) and employer contributions. In divorce, all contributions made during the marriage are typically considered marital property. However, QDROs often must account for how to divide pre-marital vs. marital contributions—especially if the employee started participating before the marriage.
Employer contributions may also be subject to vesting schedules, which leads into one of the most misunderstood QDRO issues—unvested funds.

