Employee vs. Employer Contributions
A crucial issue is whether the participant’s account includes employer contributions, and if so, how much of those are vested. In many 401(k) plans, employee contributions are always 100% vested, but employer contributions can be subject to a vesting schedule. This means if a participant leaves the company before a certain number of years, they may lose the non-vested portion.
The Usa Swimming, Inc.. 401(k) Plan likely follows this standard approach. In your QDRO, make sure it clearly states that only vested balances as of the division date are subject to division—that way, the non-participant spouse is not mistakenly awarded funds that aren’t yet fully owned by the employee spouse.

