Dividing Employee vs. Employer Contributions
In the Artis Naples, Inc.. Retirement Plan, the account likely has both employee contributions (from salary deferrals) and employer contributions (such as company matches). Employee contributions are fully vested immediately, but employer contributions may be subject to a vesting schedule.
Any unvested portion of the employer match at the time of divorce is not typically awarded to the alternate payee unless and until it becomes vested before the account division actually occurs. If the plan participant separates from employment, unvested employer contributions may be forfeited. A properly-worded QDRO can address this by allocating only the vested percentage or including language to divide newly-vested amounts if applicable.

