Employee vs. Employer Contributions
When dividing the plan, it’s essential to distinguish between what the employee contributed and what the employer contributed. Employee contributions are generally 100% vested immediately, but employer contributions may be subject to a vesting schedule. This means that an employee may not be entitled to all employer contributions until they’ve worked for the company for a certain number of years.
In a QDRO, only the vested portion of the account can be divided. If the participant is not fully vested in the employer’s contributions, then the alternate payee won’t be entitled to the unvested amount.

