Employee and Employer Contributions
401(k) accounts often include both employee contributions (your spouse’s deferrals) and employer contributions (matching funds). An important part of any QDRO is identifying how much of each type of contribution should be divided. If contributing during the marriage, both types are usually marital property.
However, employer contributions may be subject to a vesting schedule. If the participant hasn’t met the plan’s required years of service, some of those funds may be forfeited and therefore not available to divide.

