Employee and Employer Contributions
The employee’s contributions to the account are fully divisible under a QDRO. However, the employer match or profit-sharing portion may be subject to vesting rules. Any unvested employer contributions at the time of divorce may be forfeited—meaning they can’t be awarded to the non-employee spouse (known as the Alternate Payee).
This is why it’s essential to get a current account statement and a vesting schedule before finalizing the QDRO language. We always check for this when handling QDROs involving 401(k) plans like this one.

