Employee vs. Employer Contributions
Most 401(k) plans include both employee contributions (salary deferrals) and employer contributions (such as matching funds). In a QDRO, you can assign any portion of the total account balance, but keep in mind:
- Employee contributions are always considered marital property if earned during the marriage.
- Employer contributions may be subject to a vesting schedule—meaning the participant might not be entitled to keep all of them, depending on employment duration.

