Employee vs. Employer Contributions
It’s important to distinguish between employee contributions (amounts the participant contributed from their paycheck) and employer contributions. Employee contributions are always 100% vested, but employer contributions might be subject to vesting schedules. In general, the QDRO can only award the alternate payee a portion of the vested balance, not the unvested amount.
Work with your QDRO professional to obtain a vesting schedule from the plan administrator before drafting the order. If you don’t account for vesting, the alternate payee might expect more than they’re actually entitled to receive.

