Employee vs. Employer Contributions
The total balance in a 401(k) plan generally includes both employee contributions and employer matching contributions. In divorce, both types can be divided, but only if they are considered marital property—usually this means earned during the marriage.
However, there may be limits based on the plan’s vesting schedule for employer contributions. If a portion of the employer match is unvested at the time of divorce, it may not be available to split. Be sure your QDRO clearly defines whether the division applies to vested funds only or includes future vesting rights.

