Division of Contributions
In a typical 401(k) plan, both employees and employers make contributions. However, only the employee contributions are always considered vested—meaning the participant owns them immediately. Employer contributions, on the other hand, may be subject to a vesting schedule.
If your former spouse (the plan participant) was not fully vested at the time of your divorce, some of the employer money in the plan may not be included in the marital estate or available for division. A carefully written QDRO should specify how to address forfeitures from unvested funds.

