Employee and Employer Contributions
In 401(k) plans, it’s typical for participants to make contributions from their paychecks, which are always 100% vested. But employer contributions—especially in a profit sharing setup—are often subject to a vesting schedule. That means not all of the account balance may be available for division if some employer contributions are not yet vested as of the division date in the divorce.
Your QDRO should specify that only vested amounts as of the division date be included in the award to the alternate payee. Otherwise, you could end up either over- or under-awarding funds that do not legally belong to either spouse yet.

