Employer Contributions and Vesting
Not all of the account balance in the The Holiday Employees 401(k) Plan may be fully vested. Many 401(k) plans include employer matching or profit-sharing contributions that are subject to a vesting schedule (usually 3 to 6 years). That means your share as the alternate payee might be limited to the vested portion at the time of divorce.
Make sure your QDRO accurately addresses the vesting status on the date your marital interest is being calculated. If the plan uses a graded vesting schedule, and the participant is not fully vested, portions of the employer match could be forfeited unless clearly addressed in your order.

