Employee vs. Employer Contributions
In most 401(k) plans, employees make contributions directly from their pay, and employers often match a percentage. Employee contributions are always 100% vested. However, employer matching contributions often vest over time and may not belong fully to the plan participant yet.
A good QDRO should clearly state whether the alternate payee is entitled to just the vested balance or both vested and unvested amounts as they vest in the future. This language can impact your share by thousands of dollars, so it should be addressed precisely.

