Employee vs. Employer Contributions
Employee deferrals (the money the participant contributes) are fully vested and available for division. However, employer contributions—often called profit sharing—may be subject to a vesting schedule. That means only part of those contributions may be available for the alternate payee (the ex-spouse receiving a share).
The QDRO must clearly define how to treat each type of contribution. If the participant isn’t fully vested, it’s important to address unvested funds so the order isn’t rejected once it’s reviewed by the plan administrator.

