Employee and Employer Contributions
Many 401(k) plans include employer matching contributions that are subject to a vesting schedule—usually based on years of service. If the participant spouse has not worked long enough to be fully vested, some of their employer contributions may revert back to the plan.
In the QDRO, it’s important to specify how unvested funds are handled. Typically, the alternate payee should receive a share of only what is vested as of the division date, unless the parties agree otherwise.

