Employee and Employer Contributions
A 401(k) plan like the Detroit Country Day School Retirement Plan consists primarily of employee salary deferrals, but often includes employer contributions as well. These employer contributions may be contingent on a vesting schedule. In a QDRO, we make sure to distinguish between vested and non-vested amounts. Only vested balances are transferable to the alternate payee (usually the former spouse).
This distinction is critical because unvested portions will typically be forfeited back to the plan if the employee leaves the job before fully vesting. Including clear language about this in the order avoids confusion and delays.

