Employee and Employer Contributions
In most 401(k) plans, contributions are made both by the employee and the employer. The employee’s deferrals are always 100% vested, but employer contributions may be subject to a vesting schedule. It’s crucial to account for this when determining what portion the alternate payee will receive.
For example, if your divorce happens before the participant is fully vested in the matching contributions, the non-vested employer contributions might not be divisible or may be forfeited if employment ends. This should be clearly addressed in the QDRO.

