Employee vs. Employer Contributions
Employee contributions are always 100% vested—those belong to the plan participant. But employer contributions may be subject to a vesting schedule. For example, if the participant hasn’t worked for Pawnee leasing corporation long enough, part of the employer match might not be fully vested and therefore not divisible.
Make sure your QDRO (and your divorce judgment) clearly specifies whether it divides only vested amounts or includes a mechanism to address future vesting. If a QDRO awards an alternate payee a percentage of “the account,” but fails to define vesting, disputes can arise. It’s always better to be clear upfront.

