Employee vs. Employer Contributions
It’s common to split just the marital portion of a participant’s account. That usually includes contributions made (and investment gains or losses) from the date of marriage to the date of separation or divorce. While employee contributions are generally 100% vested immediately, employer contributions may be subject to vesting schedules. If contributions aren’t fully vested, a portion of the value may be forfeited if the employee leaves the company.
The QDRO should reflect whether the alternate payee is awarded only the vested portion of the account or both vested and unvested amounts.

