1. Employee and Employer Contributions
Most 401(k) plans include both employee contributions (what the participant personally contributes) and employer contributions (often a match based on the employee’s deferral). In divorce, both types of contributions earned during the marriage are usually subject to division.
However, if the employer contributions are on a vesting schedule, only the vested amounts can be divided. Unvested employer contributions are generally excluded, but your QDRO can state how any future vesting should be handled—commonly referred to as a “if, as, and when” clause.

