Employee and Employer Contributions
401(k) plans like the Matunuck 401(k) Plan include both employee deferrals and matching employer contributions. Only the vested portion of employer contributions is typically subject to division. The QDRO must clearly state whether only vested funds are included or whether future vesting will benefit the alternate payee (the receiving spouse).
Employer contributions that are not vested as of the division date may eventually be forfeited, so this needs to be considered in your drafting strategy. If you’re not clear on vesting, ask the administrator or review the Summary Plan Description (SPD).

