Employee vs. Employer Contributions
Most 401(k) plans like the Altitude Energy 401(k) Plan consist of both employee contributions (which are always 100% vested) and employer matching or profit-sharing contributions. These employer contributions often have vesting schedules based on years of service.
In a divorce, only the vested portion can legally be divided via QDRO. Your QDRO must clearly identify the date of division (also called the “valuation date”) so the plan can determine how much of the employer match is vested at that point. We frequently see errors when unvested balances are improperly included.

