Employee vs. Employer Contributions
This plan likely includes both employee deferrals and employer profit-sharing contributions. A QDRO must clearly specify how contributions will be divided. Normally, only the marital portion is subject to division, and contributions made before marriage or after separation may be excluded, depending on state law.
Employer contributions can be subject to vesting rules—meaning the employee may not be entitled to the full amount immediately. If the employee is not fully vested, an alternate payee should not expect to receive the unvested portion unless it later becomes earned.

