Employee vs. Employer Contributions
The first thing to understand is the difference between employee and employer contributions. The employee’s portion is always 100% vested, but employer contributions may be subject to a vesting schedule. If the participant hasn’t worked at Nickey gregory company, LLC 401(k) plan long enough, some or all of the employer contributions may not be divisible in the QDRO.
The QDRO should specify whether the alternate payee receives a share of only the vested portion, or also the non-vested (forfeitable) portion, even if that could change based on future employment status.

