Employee Contributions vs. Employer Contributions
In most cases, employee contributions are fully vested and belong entirely to the participant—meaning they are 100% eligible for division. However, employer contributions may be subject to a vesting schedule. That means only some or none of those employer funds may be available to divide, depending on how long the participant has been with the company.
Confirm the participant’s vesting schedule through a recent plan statement or request this information from the plan administrator. Your QDRO should specify whether unvested amounts are to be excluded from the division.

