Employee vs. Employer Contributions
Most 401(k) accounts contain several “sources” of money. The employee’s salary deferrals are always the participant’s property. But employer contributions—matching and profit-sharing—may be subject to a vesting schedule. Unvested contributions are often forfeited in a divorce if not yet earned under plan rules.
When preparing a QDRO, make sure it specifies whether the alternate payee will receive a share solely of vested funds or also a share of any future vesting.

