Employee and Employer Contributions
The 7secure 401(k) Plan almost certainly includes both employee salary deferrals and employer matching or profit-sharing contributions. Employees are always 100% vested in their own contributions. However, employer contributions usually vest over time. If your spouse isn’t fully vested at the time of divorce, you can’t claim a portion of the unvested amount in most cases. That needs to be clearly defined in the QDRO to avoid confusion later on.
The QDRO could state that the alternate payee (the ex-spouse) is to receive 50% of the vested account balance as of a specific date—commonly the date of separation or date of marital dissolution. A well-drafted order will also cover whether earnings and losses on that balance should be included up through the date of distribution.

