Employee vs. Employer Contributions
Contributions made directly by the employee are generally fully vested and available for division. However, amounts contributed by the employer often follow a vesting schedule. This means only a portion—or potentially none—of these contributions may be available for division during divorce, depending on how long the participant has worked at the company.
Your QDRO must be clear about how to deal with unvested employer contributions. In most cases, only vested amounts as of the date of separation or divorce are divisible.

