Employee vs. Employer Contributions
In a 401(k) like the Delicious Management Co. Inc. 401(k) Profit Sharing Plan & Trust, both employee salary deferrals and employer profit-sharing contributions play a role. Employee contributions are always 100% vested immediately, but employer contributions may be subject to a vesting schedule.
Your QDRO needs to separate these two sources and should only award the alternate payee whatever was actually earned during the marriage and fully vested at the time of division. Make sure the drafter understands the difference.

