Employee vs. Employer Contributions
This plan likely includes both employee contributions (deferred from salary) and employer contributions (match or profit-sharing). Employee contributions are always 100% owned by the participant. Employer contributions, however, may be subject to a vesting schedule.
Only vested amounts can be awarded in a QDRO—not amounts the employee hasn’t earned yet under the plan terms. It’s critical to review the plan’s vesting schedule before assuming a 50/50 split includes the entire account.

