Unvested Employer Contributions
One major issue we see in 401(k) QDROs is confusion over vested versus unvested contributions. Many employer 401(k) plans include matching or profit-sharing contributions that become “vested” over time. If the employee spouse is not fully vested at the time of divorce (or QDRO submission), only the vested portion can be divided.
You’ll need to clarify in the QDRO whether the alternate payee receives only the vested portion or any amounts that vest after divorce. Most plans, including those likely similar to the York Properties, Inc.. 401(k) Plan, will not honor awards of unvested funds unless specified and permissible under plan rules.

