Employee and Employer Contributions
In most 401(k) plans, employee contributions are always 100% vested. But employer contributions are often subject to a vesting schedule. That means only a portion (or sometimes none) of the employer match is available to divide if the employee hasn’t worked at the company long enough.
In your QDRO, it’s important to indicate whether the alternate payee is entitled to a share of just the vested balance, or if unvested amounts should be tracked and divided if they vest later. This choice often depends on the language in the divorce agreement and the specifics of the plan’s rules.

