Employee vs. Employer Contributions
Not all funds in a 401(k) are treated equally. Employee contributions (what the participant puts in from their paycheck) are usually 100% vested immediately. Employer contributions (like profit-sharing or matching funds) may be subject to a vesting schedule, meaning only a portion is “owned” by the employee if they haven’t met service requirements.
Make sure your QDRO specifies whether the alternate payee gets a share of just the vested balance or a percentage of the account accrued during the marriage. If the participant is still employed and earning employer contributions post-divorce, you’ll want to be very clear to avoid future arguments.

