Employee vs. Employer Contributions
One of the first things we determine is which parts of the 401(k) are subject to division. Employee contributions are always part of the marital estate if earned during the marriage. Employer contributions are a bit more complex. You need to account for whether those contributions have vested. Most plans—including plans in the General Business sector like the Jet Services, Inc.. 401(k) Plan—use a vesting schedule that can delay ownership of employer-funded amounts.
If your spouse is only partially vested at the time of divorce, the QDRO should address how to handle the unvested portions. Otherwise, you might miss out on thousands of dollars in assets that could become vested in the future.

