Employee and Employer Contributions
Most 401(k) accounts include voluntary elective deferrals from the employee, but also matching and discretionary employer contributions. These employer contributions are often subject to a vesting schedule. That means the employee might not be “entitled” to the full employer-funded portion unless they meet certain service requirements.
It’s important for the QDRO to be clear about whether the alternate payee is to receive a share of only the vested balance or the entire account, vested and unvested. Typically, the account is divided as of the date of divorce, and only vested amounts are eligible for distribution.

