Employee vs. Employer Contributions
In most 401(k) plans, including the Capps Rent-a-car, Inc.. 401(k) Savings Plan, retirement wealth builds from two sources: employee contributions (which are fully owned by the participant) and employer contributions (which may be subject to a vesting schedule).
If your spouse has been participating in this plan, the QDRO can specify that you (as the alternate payee) receive a percentage or dollar amount of the account based on the marital portion. But only the vested portion of employer contributions can be divided. Watch out: if your QDRO mistakenly references unvested contributions, the plan may reject the order or only pay a reduced amount.

