Employee and Employer Contributions
Most 401(k) plans include both employee deferrals and employer contributions. The marital portion typically includes all contributions made during the marriage. However, employer contributions may be subject to a vesting schedule, meaning only a portion is actually “owned” by the employee at the time of divorce.
It’s critical to confirm what’s vested and unvested at the time of separation. QDROs can’t award unvested funds. If you mistakenly include them in the order, the alternate payee won’t receive that portion, and the plan may reject the QDRO altogether.

