Employee and Employer Contributions
Most 401(k) plans include two types of contributions: amounts the employee (your spouse or you) put in directly from their paycheck, and amounts the employer contributes, often in the form of a match or profit-share. But here’s the catch—employer contributions are often subject to vesting schedules.
If your divorce occurs before the account owner is fully vested, some of what’s in the plan might not be divisible, depending on the plan rules. The QDRO should spell this out. You don’t want to draft an order asking for half the account balance if part of that balance hasn’t vested and will eventually be forfeited.

