Employee vs. Employer Contributions
Participant contributions in a 401(k) are typically 100% vested immediately. Employer contributions, however, often follow a vesting schedule. This is a key issue in your QDRO. The alternate payee (the ex-spouse) will usually only be entitled to the vested portion of employer matching and profit-sharing contributions as of the date used in the QDRO.
If the participant isn’t fully vested, unvested funds are subject to forfeiture—meaning the alternate payee may not receive as much as originally anticipated. This can be a critical point of negotiation during divorce proceedings.

