Employee and Employer Contributions
A 401(k) typically includes both employee salary deferrals and employer contributions. In the Hott Associates, Inc.. 401(k) Profit Sharing Plan and Trust, the employer’s contributions are generally subject to a vesting schedule. That means the employee must work a certain number of years before owning 100% of that money.
If the divorce occurs before the employee is fully vested, only the vested portion can be divided. Any non-vested amounts will be forfeited per plan rules. Your QDRO should clearly spell out how to handle this possibility—usually by stating that the alternate payee only receives a share of the vested funds.

