Employee and Employer Contributions
Most 401(k) accounts include both employee deferrals and employer contributions. But employer contributions may be subject to a vesting schedule. This matters because only vested funds can be divided in a QDRO. If you’re the alternate payee, and part of the employer contributions weren’t vested as of the divorce cutoff date, those unvested funds are generally forfeited and not available for division. A good QDRO will clearly identify the marital cutoff date and how contributions are to be divided accordingly.

