Employee and Employer Contributions
In most 401(k) plans, the employee contributes pre-tax (or Roth) deferrals from their paycheck, and the employer may match a percentage of those contributions. In the Northwest Technologies, Inc.. 401(k) Profit Sharing Plan, the employer’s contributions may be based on profits and are usually subject to a vesting schedule. If the participant hasn’t worked at the company long enough, not all employer-funded amounts are “vested”—meaning they’re not yet fully owned and may not be included in the QDRO.
Be clear in your court order whether the former spouse should receive a share of vested money only, or a share of both vested and unvested amounts (with future vesting rights). This small wording detail can change the payout significantly.

