Employee vs. Employer Contributions
In most 401(k) plans, both the employee and the employer make contributions. That means there are two buckets of money to consider—not just what the employee puts in. While employee contributions are always 100% vested, employer contributions may be subject to a vesting schedule dependent on years of service.
If the divorce happens before full vesting, the alternate payee may only be entitled to a portion of the employer contributions—or none at all. Your QDRO must clearly address how to handle these unvested funds.

