Employee and Employer Contributions
Employee contributions (money the participant put into their own 401(k)) are always 100% vested. So if your ex made $50,000 in employee contributions during the marriage, your QDRO can safely assign you your marital share of that.
Employer contributions are a bit trickier. Most corporations, including those in the general business sector like Winston brands, Inc.. 401(k) plan, use a vesting schedule—often graded over several years. If contributions haven’t vested yet, the non-employee spouse may not be entitled to a share of those funds, or may only be entitled to a portion.

