Employer Contributions and Vesting Schedules
Most 401(k) plans include a mix of employee contributions (which are always fully vested) and employer contributions (which may be subject to a vesting schedule). If the plan participant is not fully vested, the QDRO must account for this.
In the case of the Consumer Cellular Inc. 401(k) Profit Sharing Plan & Trust, if the employee has received matching or profit-sharing contributions from the employer that aren’t vested, the alternate payee (typically the ex-spouse) may not be entitled to that unvested portion. A properly prepared QDRO should clearly state whether the division includes only vested amounts or if any future vesting will also apply.

