Employee vs. Employer Contributions
Many 401(k) plans include both employee deferrals and employer-matching or profit-sharing contributions. The employee’s contributions are always 100% vested, but employer contributions may be subject to a vesting schedule.
This means the non-employee spouse (called the “Alternate Payee”) may only be entitled to a portion of the employer’s contributions if they were vested as of the date of division or separation. The QDRO should spell this out clearly—whether it grants only the vested portion, or seeks a share of both vested and unvested funds.

