Employee vs. Employer Contributions
Most 401(k) accounts have two sources of funds: contributions made by the employee (the plan participant) and contributions from the employer. The employee contributions plus earnings are usually fully divisible. However, employer contributions may be subject to a vesting schedule.
In the T & T Drilling Inc.. 401(k) Plan, any unvested amount may be forfeited upon separation of employment. That means if the participant leaves the company after divorce but before full vesting, some of the account’s value promised in the QDRO may never materialize. Make sure the QDRO protects the alternate payee from losing their share due to vesting-related forfeitures.

