Vesting Schedules
Many 401(k) plans include employer contributions subject to a vesting schedule. This means even if money was contributed to the account, the participant (and by extension the former spouse) doesn’t fully “own” all of it yet. If part of the account is unvested at the time of divorce, that portion might be forfeited if the employee leaves the company.
Your QDRO should specify whether unvested amounts are to be included or excluded. If a share is granted “as of the date of divorce,” and part of it is unvested, the plan will likely only divide the vested portion. Be cautious here: assuming the full balance is divisible without considering vesting can lead to disputes later.

