Employee Contributions vs. Employer Contributions
The plan will typically consist of two major components—contributions the employee personally made (which are always 100% vested) and employer matching or profit-sharing contributions (which may be subject to vesting rules). In a divorce, both components can be divided, but the non-employee spouse can only receive a share of the vested portion.
If your spouse isn’t fully vested in their employer contributions, unvested amounts are not available to you. A good QDRO will account for forfeitures or specify alternative language in case vesting changes later (e.g., due to continued employment).

