Employee vs. Employer Contributions
The QDRO must clearly state whether both employee and employer contributions are being divided. In most cases, only vested contributions are includable. Any non-vested employer contributions may be excluded or forfeited per the plan’s vesting schedule.
If a participant has unvested employer contributions, those will typically be retained by the plan and not divided—even if they were earned during the marriage. Make sure your QDRO specifies whether to include only vested balances and as-of what date, typically the “valuation date” or the date of divorce.

