Employee vs. Employer Contributions
In most 401(k) plans, employee contributions are always 100% vested, meaning the participant owns them outright. Employer contributions, however, are subject to a vesting schedule. That means a portion of the employer match may be forfeited if the participant hasn’t met certain service requirements by the date of divorce or division.
If you’re awarding a percentage of the account, make sure the QDRO terms clarify whether the account balance is limited to vested amounts as of a specific date (like the date of divorce). Otherwise, the alternate payee may expect more than they legally can receive.

