Employee and Employer Contributions
Most 401(k) plans include both employee salary deferrals and employer contributions. While the employee contributions (and associated gains) are always 100% vested, employer contributions often have a vesting schedule.
Your QDRO must be clear about what portion of the participant’s balance is divisible, and whether it includes only vested funds or will later reflect future vesting as well. In many divorces, the non-employee spouse is entitled only to the value as of a certain “cutoff date” (often the date of separation or divorce filing).

