Employee and Employer Contributions
This type of 401(k) plan likely includes both employee contributions (taken directly from paychecks) and employer contributions. Employer contributions may be subject to vesting schedules—meaning the full amount may not be available for division unless the employee spouse has met certain years of service requirements.
The QDRO must clearly outline whether only vested funds will be divided or if any non-vested amounts will be included, subject to future vesting.

