Employee and Employer Contributions
Many 401(k) plans include both employee deferrals and employer contributions. While the employee contributions are always 100% vested, the employer matching or profit-sharing portions may be subject to a vesting schedule. This means that some of the funds might not be fully earned yet.
In most cases, the QDRO will only divide the vested balance as of the couple’s date of separation. Non-vested amounts are typically excluded unless they vest in the future and the QDRO provides for post-separation changes.

