Employee vs. Employer Contributions
401(k) plans are funded by both the employee and, in many cases, the employer. The Shipman Associates Inc. 401(k) Profit Sharing Plan & Trust is a profit-sharing model, typically meaning there is an employer contribution component. These employer contributions often come with vesting schedules, meaning you may not be entitled to the full balance if you’re not fully vested at the time of divorce.
In a divorce, the QDRO needs to specify whether the Alternate Payee (usually the non-employee spouse) is entitled to a portion of just the vested balance or the entire account, including unvested contributions. If unvested funds eventually vest, the QDRO can be written to capture those amounts once they become available.

