Employee Contributions vs. Employer Contributions
In most 401(k) plans, employees contribute a portion of their salary on a pre-tax or Roth basis. Employers may also contribute via matching or profit-sharing contributions. It’s critical to distinguish between these sources because employer contributions may be subject to a vesting schedule.
For example, if your spouse has been with Systemware, Inc.. for only a few years, they may not be 100% vested in the employer contributions. You cannot receive a share of unvested funds through a QDRO. The QDRO should reference only the vested balance as of the cutoff date specified in your divorce (often the date of separation or date of judgment).

