Employee and Employer Contributions
Contributions in a 401(k) can come from the employee, the employer, or both. Generally, employee contributions are fully vested right away, but employer contributions may be subject to a vesting schedule. For example, a plan might require an employee to work three years before 100% of the employer contributions are vested.
In a QDRO, only the vested portion of the employer contributions can be divided. If the participant (employee) isn’t fully vested at the time of the divorce, the alternate payee (ex-spouse) may not be entitled to those unvested funds.

