Employee vs. Employer Contributions
401(k) plans typically include both employee contributions (which are automatically vested) and employer contributions (which may be subject to vesting schedules). During divorce, only vested portions can be divided via QDRO.
For example, if your spouse has been employed by Kearny auto spa LLC 401(k) profit sharing plan & trust for only a few years, they may not be fully vested in all employer contributions. That means a portion of those funds could be forfeited if they leave the company—and they may not be available for division.

