Employee vs. Employer Contributions
In most 401(k) plans, the account includes two types of money: what the employee (participant) contributes and what the employer chips in. In a divorce, both these contributions typically count as marital property—but only what’s earned during the marriage.
Employer contributions may be subject to a vesting schedule. If the employee is not fully vested at the time of the divorce, the non-employee spouse might not have rights to certain portions of the employer’s match. Your QDRO needs to reference those vesting rules clearly.

