Vesting and Employer Contributions
This plan, like many corporate 401(k)s, may include employer contributions such as matching or discretionary profit-sharing. However, these are often subject to a vesting schedule. That means the participant may not have full rights to some portions of the account at the time the QDRO is applied.
The QDRO must clarify whether the alternate payee is entitled only to the vested portion or also to future vesting. Most orders limit distributions to the vested balance as of the date used in the division (e.g., date of divorce).

