Employer Contributions and Vesting Schedules
The 401(k) plan may include both employee contributions (fully vested immediately) and employer matching or profit-sharing contributions (which may be subject to a vesting schedule). If only part of the employer contributions are vested at the time of divorce, then only the vested portion can be divided under a QDRO. This is especially important in business entity-sponsored plans like this one, where vesting schedules can vary by position or years of service.

