Employee and Employer Contributions
Employee contributions are typically 100% vested immediately—these are usually accessible to the alternate payee right away via QDRO. Employer contributions, however, may be subject to a vesting schedule. If the employee spouse has not met the required years of service at the time of divorce, some or all of the employer contributions may be forfeited.
Your QDRO should specifically state whether the division percentage applies to the vested balance only or to the full account (vested and unvested), depending on your goals and state law. In practice, most QDROs limit divisions to vested assets only.

