Employee Contributions vs. Employer Contributions
In most 401(k) plans, employee deferrals belong entirely to the participant. Employer contributions, however, may be subject to a vesting schedule. You’ll need the participant’s vesting schedule to determine how much of the employer match the participant actually owns as of the division date. If your QDRO tries to award non-vested funds to the alternate payee, the plan will reject that portion of the order.
Tip: Use language that clearly separates vested and non-vested funds, or specifies only vested amounts will be divided.

