Employee vs. Employer Contributions
401(k) plans often include both employee contributions (which are always 100% vested) and employer contributions (which may be subject to vesting). The QDRO needs to specify whether the division applies to just the employee-deferral portion or all plan contributions.
If the participant is not fully vested, any unvested matching or profit-sharing employer contributions will not be payable to an alternate payee. The plan’s vesting schedule should be carefully reviewed when drafting the QDRO.

