Employee and Employer Contributions
An employee’s contributions to the Viwinco, Inc.. 401(k) Plan are always 100% theirs and fully vested. However, employer contributions—such as matching funds or profit-sharing—may only be partially vested depending on how long the employee has worked for Viwinco, Inc.. 401(k) plan.
Your QDRO should be clear on what happens with unvested employer contributions. The most common approach is to divide only the vested portion as of the cutoff date (usually the date of separation or divorce judgment). An experienced QDRO attorney will help make sure this distinction is clearly spelled out.

