Unvested Employer Contributions
Most 401(k) plans have a vesting schedule for employer contributions. This means the employee may not fully own those contributions unless they meet certain service requirements. In the case of the Dreisbach Wholesale Florists, Inc.. 401(k) Retirement Savings Plan, any unvested employer match amounts may be forfeited if the participant leaves the company before fully vesting.
A well-drafted QDRO should specify that only the vested portion of the account is subject to division. Otherwise, the alternate payee might expect to receive more than is legally available.

