Employee vs. Employer Contributions
Employee contributions are always 100% vested since the employee is deferring their own salary. But employer contributions often follow a vesting schedule. If you’re the Alternate Payee, you generally cannot receive a portion of unvested employer contributions.
For example, if your ex earned a $10,000 employer match that is only 40% vested, only $4,000 is potentially divisible via QDRO. The rest remains with the employee and would be forfeited if they leave the job before vesting fully.

