Employee and Employer Contributions
Most 401(k) plans include contributions from both the employee and the employer. While employee contributions are always considered marital property (if made during the marriage), employer contributions can be trickier — especially when they’re subject to a vesting schedule.
If a portion of the employer’s match hasn’t vested yet, the QDRO must indicate how to handle those amounts. Options include either excluding unvested funds entirely or awarding the alternate payee a share of any employer contributions that later vest.

