Employee and Employer Contributions
All 401(k)s include employee contributions. Many also include employer contributions. In cases like this, employer contributions may be subject to a vesting schedule. That means part of the balance might still be unvested and not yet the participant’s property. Any QDRO must take the vested percentage into account.
For example, if the participant is only 60% vested in matching contributions, the non-vested portion could be forfeited if the participant separates from service before full vesting. This can significantly affect the alternate payee’s share.

