1. Employee vs. Employer Contributions
401(k) plans usually include salary deferral contributions from employees and, in many cases, matching or profit-sharing contributions from the employer. In divorce, not all contributions may be treated the same.
Employee contributions are almost always 100% vested. Employer contributions, however, may be subject to a vesting schedule. If your spouse isn’t fully vested, their future share of employer contributions might be forfeited after the divorce, and you can’t divide what they don’t own.
This is especially relevant in plans like the Cataldo Ambulance Service, Inc.. 401(k) Profit Sharing Plan, which is offered by a general business corporation and may include tiered or graded vesting schedules. Your QDRO should address how to handle unvested amounts clearly to avoid surprises down the road.

