Employee vs. Employer Contributions
All employee contributions are typically 100% vested immediately. However, employer contributions may be subject to a vesting schedule. That means some of the money the company gave your spouse might not legally belong to them yet.
For example, if your ex has only worked at Bridgetown delivery LLC (or an entity sponsoring the plan) for two years and the vesting schedule is five years — the employer portion may only be 40% vested. The QDRO should account for that and avoid assigning funds that aren’t yet owned.

