Employee vs. Employer Contributions
401(k) plans can consist of both the money the employee puts in and the amount the company contributes. Employer contributions often come with a vesting schedule, which determines how much of those funds the participant actually owns at different points in time.
If you’re the alternate payee, you’re typically only entitled to the vested portion of the employer contributions as of the date of divorce (or another agreed-upon cutoff date). Make sure your QDRO reflects that—and that both parties are clear on the valuation date used.

