Employee and Employer Contributions
Most 401(k) plans, including the La Health Solutions 401(k) Plan, consist of two types of contributions: employee deferrals and employer matching or profit-sharing contributions. While employee deferrals typically belong entirely to the employee (and are fully vested), employer contributions may be subject to a vesting schedule. That means some employer contributions might not be fully owned by the employee unless a certain number of years of service have been completed.
In divorce, only vested amounts can usually be awarded to the non-employee spouse. A well-drafted QDRO must include language that accounts for vested and non-vested balances—and ideally limits the award to the vested portion as of the date of division.

