Employee and Employer Contributions
In most 401(k) plans, the participant’s salary deferrals (employee contributions) are always 100% vested and available for division. Employer contributions, however, are trickier. Many plans use a vesting schedule that ties employer matching dollars to years of service. If the participant hasn’t worked long enough, some or all of these funds may be unvested—and therefore unavailable for division in a QDRO.
In your divorce agreement, it’s important to clarify whether the alternate payee is receiving a percentage of the total account, the vested portion only, or specific amounts.

