Employer Contributions and Vesting Schedules
401(k) plans frequently include employer matching or profit-sharing contributions. However, these are often tied to a vesting schedule. For example, the employee might be 40% vested after 2 years and 100% vested after 5 years. If you’re dividing the plan, the alternate payee is usually only entitled to the vested portion as of the divorce date unless the agreement says otherwise.
Your QDRO should clearly distinguish between vested and unvested funds and state the date that determines eligibility—for example, the divorce filing date, date of separation, or date of the QDRO.

