Employee vs. Employer Contributions
Most 401(k) plans include both employee and employer contributions. In cases where the Alexander’s Contract Services, inc.401(k) Plan includes employer contributions, some of those may not be fully vested at the time of divorce. That means the employee-spouse may not yet own all of those funds.
The QDRO should clearly differentiate between what’s vested and non-vested. You can award the alternate payee (the non-employee spouse) a portion of only the vested account, or plan to revisit the QDRO when additional amounts vest later.

