Employee vs. Employer Contributions
The first step is figuring out what portion of the account is marital. Employee contributions are usually 100% vested and subject to division. Employer contributions, on the other hand, may be subject to a vesting schedule—which means that only the vested portion can be divided.
If your QDRO gives the alternate payee a percentage of the total account balance, make sure it takes into account only the vested portion as of the date of divorce. Otherwise, the alternate payee could be awarded funds that don’t legally belong to the participant.

