Employee vs. Employer Contributions
401(k) plans often include a mix of employee deferrals and employer matching or discretionary contributions. Not all employer contributions are fully “vested.” That means even if the total account statement shows $100,000, a portion of that might not belong to the employee yet. The vesting schedule spells out what percentage the employee owns each year of service.
Your QDRO should specify whether the division is based on the vested account balance as of a certain date, and whether unvested amounts should be included if they vest in the future. If the employee is only partially vested, the alternate payee could receive less than the total account shows—unless the QDRO accounts for those future vesting rights.

