Employee vs. Employer Contributions
Contributions made by the employee are always considered their property, in full, unless already withdrawn. Employer contributions, on the other hand, may be subject to a vesting schedule. This means only a portion—or none—of these contributions may be available to divide depending on the participant’s employment history.
Make sure your QDRO clearly reflects whether the division applies to employee contributions only, or to both employee and vested employer contributions. This distinction can significantly affect the alternate payee’s award.

