Employee and Employer Contributions
Employee contributions (salary deferrals) are typically 100% vested and easily divided. However, employer contributions may be subject to a vesting schedule. If the plan participant hasn’t been with the sponsor long enough, some employer contributions may be unvested—meaning they can be forfeited before plan payout.
Your QDRO should clearly spell out how both employee and employer contributions are to be divided, and whether the division will be based on the account balance as of the date of divorce, the date of distribution, or some other valuation date.

