Employee and Employer Contributions
401(k) plans include pretax contributions made by the employee and (sometimes) matching or discretionary contributions by the employer. While the employee’s contributions are always 100% theirs, the employer’s contributions may be subject to a vesting schedule.
If a portion of the employer contributions has not yet vested, that part cannot be divided. The QDRO should clearly state that the alternate payee will only share in the vested portion of the account, as of the agreed-upon date (usually the date of separation or divorce).

