Employee vs. Employer Contributions
Employee contributions are always 100% vested—those are the funds you or your spouse personally contributed. Employer contributions, however, often require a vesting schedule. That means some of the employer-funded portion may not belong to the employee (or the marital estate) until a specific amount of service time is completed.
A good QDRO will make it clear whether the alternate payee (usually the non-employee spouse) is receiving a share of just the vested balance or if the division includes future vesting. This distinction can dramatically impact the final award.

