Employer Contributions and Vesting Schedules
Most 401(k) profit sharing plans include employer contributions, but those funds might not be fully vested at the time of divorce. If part of the account includes unvested matching or profit-sharing dollars, the QDRO needs to be clear on what happens if those funds are forfeited before they vest.
Common language allows the alternate payee to receive a portion of vested-only funds as of the account division date. However, in some cases, the QDRO can also include language stating that if those amounts vest in the future, the alternate payee receives their share automatically.

