Employee vs. Employer Contributions
401(k) plans typically include two types of contributions: employee deferrals (which are always 100% vested) and employer matching or profit-sharing contributions (which may be subject to a vesting schedule).
If the marriage ended before the participant was fully vested in employer contributions, the alternate payee is only entitled to the vested portion. The QDRO must clearly identify which contributions are included and whether any unvested percentages are to be awarded.

