Employee vs. Employer Contributions
The employee contributions are typically 100% vested immediately since employees are putting in their own money. Employer contributions, on the other hand, may be subject to a vesting schedule. If your spouse isn’t fully vested in those employer contributions at the time of the divorce, you may only be entitled to a portion—or possibly none—of the matching funds.
It’s crucial that your QDRO spells out how these two types of funds should be divided. Will you divide both equally? Only marital portions? Or only the employee-contributed sections?

