1. Employee vs. Employer Contributions
Employee contributions to a 401(k) are always considered fully vested. However, employer contributions—such as matches or profit-sharing—may be subject to a vesting schedule. If a participant hasn’t met the company’s service requirements, a portion of those employer contributions may not be available for division through a QDRO.
When preparing the QDRO, it’s crucial to distinguish between vested and unvested amounts. The Alternate Payee is typically only entitled to the vested portion unless the plan or divorce decree states otherwise.

