Employee vs. Employer Contributions
Employee contributions are always 100% vested, so any amount the plan participant contributed through salary deferrals is eligible for division in a QDRO. However, employer matching or profit-sharing contributions may be subject to a vesting schedule.
If your ex-spouse hasn’t worked long enough to be fully vested, some employer contributions may be forfeited. That means you can’t receive a portion of those funds in your QDRO unless they are vested as of the “valuation date”—typically the date of divorce or QDRO entry, depending on the order language.

