Employer vs. Employee Contributions
One of the most common misunderstandings involves the difference between employee and employer contributions. Employee contributions are always 100% vested and belong to the participant. But employer contributions may be subject to a vesting schedule. If the participant spouse has not worked at Galaxy systems, Inc.. 401(k) profit sharing plan long enough to be fully vested, some of the funds may not be eligible for division.
Your QDRO should account for only vested balances, or it may need to specify what happens to forfeited amounts. Sometimes QDROs include specific language that states the alternate payee will get a proportional share of future vesting, which is important when the divorce occurs mid-career.

