Employee and Employer Contributions
When dividing a 401(k) plan, both employee and employer contributions are considered marital property if earned during the marriage. However, employer contributions may be subject to a vesting schedule. This means the employee might not be entitled to 100% of those employer-funded contributions yet—or ever—depending on how long they’ve worked at the company.
In drafting the QDRO, it’s essential to clarify whether the alternate payee (usually the non-employee spouse) will share in employer contributions only if they are vested as of the date of division or if they include later vesting.

