Vested vs. Non-Vested Contributions
401(k) plans often contain a mix of employee contributions, employer contributions, and different vesting schedules. Only vested funds can be divided in a QDRO. If the participant has employer contributions that aren’t yet vested, the alternate payee may not be eligible to receive those amounts.
That said, the QDRO can be structured to allow for post-order payout of additional vested benefits if they become vested later. This must be clear in the QDRO language, otherwise the non-vested portion may be permanently excluded.

