1. Employee vs. Employer Contributions
401(k) plans typically include both employee contributions (from the participant’s paycheck) and employer contributions. In most divorces, all contributions made during the marriage—regardless of who deposited them—are considered marital property.
However, some employer contributions may be subject to a vesting schedule. That means it may not all belong to your spouse yet. Any unvested portion is typically not divisible in the QDRO unless it becomes vested later.

