Employee Contributions vs. Employer Contributions
Employee contributions in a 401(k) are always 100% vested and can be divided according to the terms set in the QDRO. However, employer contributions may be subject to a vesting schedule. In a company like Weber companies retirement plan, it’s common for employer matches to vest over time.
The QDRO should clearly state whether the alternate payee (typically the non-employee spouse) is entitled to a portion of only vested amounts or both vested and unvested contributions. Keep in mind, if unvested contributions are awarded but the employee leaves the company before vesting is complete, the alternate payee may walk away with nothing from that portion.

