1. Employee vs. Employer Contributions
Employee contributions (money the participant put in from their paycheck) are usually 100% vested right away. Employer contributions, however, may be subject to a vesting schedule. This means a portion of those funds may not belong to the employee unless they’ve worked for the company a certain number of years.
When dividing the account, be sure your QDRO clearly identifies whether only vested funds should be split. Unvested employer contributions can’t be divided unless the participant eventually becomes vested in those amounts.

