1. Unvested Employer Contributions
Most 401(k) plans include both employee deferrals and employer contributions (like matching or profit-sharing). But employer contributions are often subject to vesting schedules. Only the vested portion counts toward division in a QDRO. For the Amiri 401(k) Retirement Savings Plan, this could result in a scenario where the employee spouse has account balances that include both vested and non-vested funds.
The QDRO should specify whether the alternate payee is entitled only to vested assets or also to a proportionate share of any future vesting. The wording here matters.

