Employee and Employer Contributions
Plan assets typically include both employee contributions and matching (or profit-sharing) employer contributions. Ownership of employer contributions may depend on the plan’s vesting schedule. Any unvested amounts at the time of divorce cannot be awarded to the non-employee spouse unless the plan allows special treatment.
It’s important to specify in the QDRO whether both sources are being divided or just the vested portion—and to clarify the cutoff date being used (date of separation, date of divorce, date of QDRO, etc.).

