Employee vs. Employer Contributions
One of the first things to examine is whether the plan includes employer contributions—and whether those are fully vested. Many corporate 401(k) plans use a vesting schedule that may delay full ownership of employer matching or profit-sharing contributions until several years of service are completed.
If a participant is not fully vested at the time of divorce, the QDRO must spell out how non-vested funds are handled. In most cases, a former spouse (alternate payee) is only entitled to the vested balance.

