Employee vs. Employer Contributions
This 401(k) plan likely includes both employee salary deferrals and employer profit-sharing contributions. Only vested portions of employer contributions can usually be divided. If the account holder isn’t fully vested in those employer contributions, a non-vested amount may be forfeited.
That’s why your QDRO must state how to treat unvested funds. At PeacockQDROs, we routinely include language addressing whether the alternate payee will benefit from future vesting, or only take what is currently vested.

