Employee vs. Employer Contributions
The participant’s contributions are usually 100% vested and available for division. However, employer contributions may be subject to a vesting schedule. You’ll need to identify which employer contributions are vested as of the cutoff date (usually the date of divorce or date of separation). Only vested balances can be awarded in a QDRO.
Be clear: “50% of the marital portion” isn’t enough. You need exact instructions, especially when splitting pre-tax versus post-tax (Roth) amounts, and separating vested vs unvested balances

