Employee and Employer Contributions
Employee contributions to a 401(k)—the money taken out of the participant’s paycheck—are always 100% vested and available to divide. However, employer matching contributions may be subject to a vesting schedule.
Your QDRO should clearly state how both employee and employer-funded portions will be divided. It should also specify whether the non-employee spouse (called the “Alternate Payee”) is entitled only to the vested portions or to a share of any future vesting that may occur.

