Employee vs. Employer Contributions
This being a prevailing wage 401(k) plan means employer contributions may include both base matching and potentially required prevailing wage amounts. The participant’s contributions (employee deferrals) are always 100% vested—but employer contributions may be subject to a vesting schedule.
The QDRO can specify whether the alternate payee receives a share of only the vested portion or includes future vesting. It’s critical to clarify which types of contributions are to be split, especially if unvested amounts are involved that could eventually be forfeited.

