Employee vs. Employer Contributions
Employee contributions (the portion automatically withheld from paychecks) are always 100% vested. You can claim a share of these through the QDRO process without waiting for additional vesting.
Employer contributions, however, may be subject to a vesting schedule. In the Right Way Plumbing & Mechanical LLC 401(k) Profit Sharing Plan & Trust, any unvested employer contributions may not be divided and could be forfeited if the employee spouse leaves the company before full vesting occurs. A QDRO must specify whether it divides the vested balance as of the divorce date, the date of distribution, or another point in time.

