Employee and Employer Contributions
Contributions made by the employee (participant) are always theirs to keep and divide. Employer contributions, on the other hand, are often subject to a vesting schedule. If your QDRO divides a portion of the 401(k) that includes unvested employer contributions, those amounts may be forfeited if the participant leaves the company before they’re fully vested.
When drafting your QDRO, it helps to include language that clearly identifies which contributions are being divided and how to treat unvested funds that may or may not become available later.

