Employee vs. Employer Contributions
401(k) plans separate participant contributions from employer matching or profit-sharing contributions. In a divorce, only vested employer contributions are divisible. Unvested amounts typically revert back to the plan or employer and are not considered marital assets.
Your QDRO must clearly define whether the alternate payee (the non-employee spouse) is receiving a share of just the vested account balance or also a share of future vesting. We generally recommend dividing only what is currently vested unless there’s a compelling reason to include future vesting, which can delay distribution.

