Employee vs. Employer Contributions
Most 401(k) plans include both employee contributions (which are always 100% vested) and employer matching or discretionary contributions, which may follow a vesting schedule. In this plan, unvested employer contributions generally should not be included in what the alternate payee (usually the non-employee spouse) receives. If your divorce agreement isn’t clear—and the QDRO overstates the vested amount—this could cause the order to be rejected.
Always be sure you or your attorney obtains a current participant statement showing both the vested and unvested amounts before finalizing division terms.

