Employee vs. Employer Contributions
Employee contributions (money the employee puts into the account) are typically 100% vested and easily divided. Employer contributions, however, often come with a vesting schedule. If the employee is not fully vested at the time of divorce, a portion of the employer contributions may be forfeited and not available for division.
The QDRO should clearly state whether the division includes only vested benefits or also any future vesting. This is especially important when the alternate payee wants to receive a percentage of the account rather than a fixed dollar amount.

