Employee vs. Employer Contributions
In most 401(k) plans, employee contributions are always 100% vested. However, employer-matching or profit-sharing contributions may be subject to a vesting schedule. If the participant isn’t fully vested at the time of divorce, the alternate payee (typically the non-employee spouse) is only entitled to the vested portion.
Your QDRO should make clear how to deal with future vesting. Some QDROs allow alternate payees to share in additional vesting post-divorce, while others limit payments to the participant’s vested account as of the date of division.

