Employee vs. Employer Contributions
The participant’s contributions to the plan (salary deferrals) are always 100% theirs, but employer contributions—particularly profit-sharing amounts—may be subject to a vesting schedule. If the participant hasn’t met the required length of service, some of the employer contributions might not be fully vested.
A QDRO can only divide vested funds. Any unvested amounts will automatically revert to the plan if the participant leaves before vesting, so it’s important to confirm both balances before finalizing a division.

