Employee and Employer Contributions
401(k) plans like the Villani Bus Company 401(k) Plan include both employee contributions and—often—employer matching contributions. One of the trickiest parts of drafting a QDRO is accounting for whether the employer contributions are fully vested. If they’re not, the non-employee spouse could end up receiving less than expected unless the QDRO is structured carefully.
Your QDRO should clearly state whether the assignment includes just vested funds or whether any non-vested but accrued contributions are considered part of the marital share. Some divorcing spouses choose to include only the vested portion to avoid confusion and delays later.

