Dividing Employee and Employer Contributions
Almost all employee contributions are 100% vested—meaning the account owner has full rights. However, employer contributions may be subject to a vesting schedule. If your spouse has only been with the employer a few years, a portion of the employer contributions may not be theirs to keep—and can’t be awarded to you via QDRO.
We recommend asking the plan administrator to confirm the vesting schedule in writing, so that your QDRO properly excludes any non-vested amounts that would otherwise be forfeited.

