Employee vs. Employer Contributions
Employee contributions are always 100% vested—meaning they fully belong to the participant—and are usually straightforward to divide. However, employer contributions may be subject to vesting schedules and can be partially unvested at the time of divorce.
The QDRO should clarify whether the alternate payee is eligible to receive only vested amounts or a percentage of total contributions including any unvested portions as they vest. You’ll also need to specify how post-divorce earnings or appreciation are handled.

