Employee vs. Employer Contributions
Contributions made by the employee are typically 100% vested and can be divided as part of the marital estate. Employer contributions, on the other hand, may be subject to a vesting schedule. If your spouse hasn’t been with the company long, some employer contributions could be forfeited upon separation before vesting is complete.
The QDRO should clearly state whether you’re dividing just the vested balance or including future vesting rights. For example, you might be able to include employer contributions that vest after the divorce date. You’ll need the SPD or plan document to confirm the rules.

