Employee and Employer Contributions
401(k) accounts include two general types of contributions: those made by the employee (participant) and those made by the employer. In most QDROs, the former spouse is awarded a portion of the total account balance earned during the marriage—from both sources.
However, employer contributions may be subject to a vesting schedule. If some of those contributions are unvested at the time of divorce, those amounts may not be available for division. This is especially important in 401(k) plans like the Capital Dental Group 401(k) Retirement Savings Plan where employer contributions could be a significant portion of the total value.

