1. Employee Contributions vs. Employer Contributions
The participant’s own contributions (salary deferrals) are theirs from day one. But employer contributions—matching or profit sharing—often have a vesting schedule. If the participant is not fully vested, part of the balance might not be divisible because it technically isn’t theirs yet.
The QDRO should specifically account for vested-only employer contributions. A poorly worded order could cause you to lose out on funds you were awarded in court—but were never actually transferred.

