Employee and Employer Contribution Splits
In a 401(k) plan like the Barchemy 401(k) Profit Sharing Plan & Trust, both the employee and employer can make contributions. A common mistake is assuming all contributions are fully vested and divisible. That’s not always true. Many plans have a vesting schedule that applies to employer contributions.
If some employer funds are unvested at the time of divorce, the alternate payee (your ex-spouse) may not be entitled to those amounts. The QDRO should clearly state whether it grants a percentage of the total balance or only of vested funds as of a specific date, usually the date of separation or divorce.

