Vesting Schedules and Unvested Contributions
Many 401(k) plans include employer contributions subject to vesting. In these cases, only the vested portion of the employer contributions can be split via QDRO. If your divorce occurs while the participant is still employed at Unknown sponsor, part of the employer contributions may be forfeited unless specifically accounted for in the QDRO.
To protect both parties, the language of the QDRO can specify whether the non-employee spouse (alternate payee) receives a flat dollar amount or a percentage of only vested funds as of the division date.

