Employee vs. Employer Contributions
Contributions made by the employee (from their paycheck) are always 100% vested and available for division. Employer contributions, however, may be subject to a vesting schedule depending on the rules of the plan.
A QDRO can only award the alternate payee what the participant is actually entitled to receive. For example, if the employee is 80% vested in employer contributions, those are the only portions refundable to the alternate payee unless they become fully vested later.

