Employee vs. Employer Contributions
You’re not just dealing with what the employee contributed. The plan may also include matching or discretionary employer contributions. These portions may be subject to a vesting schedule — meaning, unless the participant worked long enough, those amounts may not belong to the marital estate.
If you’re the alternate payee, make sure you ask whether you’re entitled to only vested balances or both vested and unvested portions. Unless specified otherwise, most QDROs will award only vested balances as of the date of division.

