Employee vs. Employer Contributions
The Fx5 Construction & Excavation, Inc.. 401(k) Plan likely includes both employee and employer contributions. In divorce, both types may be divided, but only vested portions of employer contributions can be assigned with a QDRO. That means the alternate payee may not be entitled to the full balance if some employer contributions are not yet vested.
Be cautious if you’re relying on an approximate account value. The true amount available for division may be lower once vesting is factored in.

