Employee and Employer Contributions
401(k) plans typically include both employee contributions (fully vested by default) and employer contributions, which may be subject to a vesting schedule. In the case of the Cie, LLC 401(k) Plan, if the participant has not met the required years of service, part of the employer contributions may not be divisible.
Your QDRO must be drafted carefully to reflect only the vested portion of employer contributions and specify how they are to be split. Any non-vested shares at the time of divorce are typically forfeited as per plan rules.

