Dividing Employee and Employer Contributions
Most 401(k) accounts, including the D & L Inc.. 401(k) Plan, consist of money contributed by both the employee and the employer. While the employee’s contributions are immediately vested, employer contributions may be subject to a vesting schedule. That means not all employer-funded money may be available to split in the divorce.
Your QDRO should clearly specify whether the alternate payee is receiving a percentage or flat dollar amount of the account—and whether this applies to the vested balance only. Watch out for default language that assumes full vesting—this could reduce your award if part of the employer match wasn’t vested at the time of divorce.

