Employee and Employer Contributions
Employee contributions are always considered 100% vested—meaning they can be divided. However, employer contributions (such as matching funds) may be subject to a vesting schedule. This matters because any unvested amounts at the time of divorce are generally not payable to the alternate payee.
Make sure your QDRO explicitly states what happens if some of the assets are unvested. For example: “The Alternate Payee shall be awarded 50% of the vested balance as of [insert date].”

