Employee vs. Employer Contributions
QDROs for 401(k) plans like the W. W. Wallwork, Inc.. 401(k) Profit Sharing Plan need to distinguish between amounts contributed by the employee and those made by the employer. While employee contributions are always 100% vested, employer contributions may be subject to a vesting schedule.
The QDRO should specify whether the award to the Alternate Payee includes only vested amounts or whether it also includes future vesting (usually limited to the divorce cut-off date). If the employer contributions are not yet vested, the Alternate Payee may receive less than expected.

