Employee vs. Employer Contributions
Most 401(k) plans contain a mixture of the employee’s own contributions—typically 100% vested—and employer contributions, which are sometimes subject to a vesting schedule. A QDRO must clearly spell out what portion of the balance is being divided and whether it includes employer contributions that may or may not be vested.
In most cases, the alternate payee (the non-employee spouse) is only entitled to the vested portion of the balance as of a certain date, usually the date of marital separation or divorce judgment. If the QDRO includes all plan assets regardless of vesting, the result can be denied distributions or long delays.

