Employee vs. Employer Contributions
Contributions come from two sources: what the employee contributes through payroll and what the employer adds as a match or discretionary deposit. In many plans, employer contributions may be subject to vesting schedules. That means a portion may not be fully owned by the employee—especially if they left the company recently or were still mid-career at the time of divorce.
Your QDRO must specify how to treat both vested and unvested employer contributions. Some clients agree to divide only vested amounts to simplify things. Others specify that the alternate payee (non-employee spouse) receives a percentage of future vesting on previously accrued contributions.

