Employee and Employer Contributions
401(k) plans typically consist of two main components—employee contributions and employer contributions. The employee’s contributions are always 100% vested, but employer-matching or profit-sharing contributions might be subject to a vesting schedule. This means that not all employer contributions may be divisible, depending on how long the employee has worked there.
Your QDRO must clearly state whether the division includes only vested funds or all account balances. If only vested amounts are divided, the alternate payee may not receive unvested employer contributions that become vested after the divorce date.

