Employee vs. Employer Contributions
Employee contributions are almost always 100% vested—it’s the money the employee put in directly. Employer contributions, however, may be subject to a vesting schedule. If a spouse is awarded a portion of the account that includes unvested employer contributions, those funds may be lost if the employee leaves before full vesting.
When drafting the QDRO, be cautious: specify whether the alternate payee should share only in the “vested” account balance or in both vested and unvested portions (with the risk that unvested funds could eventually be forfeited).

