Employee and Employer Contributions
This 401(k) profit sharing plan likely consists of both employee deferrals and employer contributions. In most cases, employee contributions are fully vested and subject to immediate division. On the other hand, employer contributions may be subject to a vesting schedule. This means that a portion of these funds may not be available for division depending on how long the participant worked for the company.
A proper QDRO must take both fully vested and non-vested funds into consideration. If your divorce judgment doesn’t specifically address unvested amounts or restrict the QDRO to vested funds only, the administrator may reject it, or worse, interpret it in a way that negatively affects both parties.

