Employee and Employer Contributions
Both employee salary deferrals and employer-matching contributions are common in 401(k) plans. However, not all employer contributions are immediately available to the participant. Most plans include a vesting schedule, which may prevent the alternate payee from receiving part of this money if the participant is not fully vested at the time of division.
If, for example, the participant has worked for Magnetika, Inc.. for only a few years, part of the employer contributions may be forfeited, reducing the amount available for division. The QDRO should clearly define whether the alternate payee is getting a percentage of the total account or only vested assets as of a specific date, usually the date of separation or divorce judgment.

