Employee vs. Employer Contributions
Employee contributions are fully vested and available for division. However, employer contributions may be subject to a vesting schedule. If your spouse hasn’t been with the company long enough, some or all of their employer contributions may be unvested and therefore not divisible.
A QDRO must specify whether you’re dividing just the vested account balance or including a pro rata share of future vesting increases. We typically recommend limiting the division to vested funds unless agreed otherwise.

