Employee vs. Employer Contributions
Most 401(k)s are funded by both the employee and the employer. In a divorce, the QDRO can distinguish between these contributions. However, keep in mind that employer contributions may be subject to a vesting schedule. That means not all employer-contributed funds may legally belong to the employee at the time of divorce. Unvested portions may be forfeited if the employee leaves the company before becoming fully vested, and thus may fall outside of divisible marital property.

