1. Employee and Employer Contributions
The employee’s own contributions are typically 100% vested. However, matching or profit-sharing contributions from the employer may be subject to a vesting schedule. Any unvested amounts at the time of division will not transfer to the alternate payee.
If your QDRO assumes full access to the entire balance, and the employee isn’t yet fully vested, this could lead to a significantly lower payout for the non-employee spouse. Better to clarify that only the vested portion will be divided—or use language that sets the percentage based on the vested account as of the division date.

