Employee and Employer Contributions
Most 401(k) plans are made up of both employee contributions and employer matching or straight contributions. In this plan, depending on the participant’s years of service and contribution habits, there may also be employer profit-sharing amounts.
Typically, employee contributions are always 100% vested (owned by the participant). Employer amounts may be subject to a vesting schedule, which is critical in calculating what portion is available for division. Your QDRO needs to specify how both types of contributions are to be divided and whether the alternate payee gets a share of unvested portions if they become vested later.

