Employee vs. Employer Contributions
Employee contributions are always 100% vested—these are the earnings the employee voluntarily puts into the plan. But employer contributions may be subject to a vesting schedule. That means only a portion of the company’s match may be available if the participant spouse hasn’t met the full service requirements.
In a divorce, a QDRO must clarify whether the alternate payee (usually the non-employee spouse) receives only the vested portion or if unvested employer contributions will be divided once vesting occurs. In most cases, the alternate payee cannot receive unvested funds unless a special arrangement is made in the order.

