Vesting Schedules
Employer contributions to a 401(k) usually follow a vesting schedule. That means the employee must work at the company a certain number of years to fully “own” those funds. If they leave early or divorce before being fully vested, the non-employee spouse can’t get a share of the unvested funds, and those amounts may be forfeited back to the plan once the employee terminates.
In your QDRO, it’s critical to define whether the alternate payee is entitled only to vested amounts or if future vesting will apply. Most plans will only honor vested balances as of a certain cut-off date (often tied to the divorce or QDRO filing date).

