Employee vs. Employer Contributions
The participant’s own contributions are generally always considered marital property if made during the marriage. But employer contributions may be subject to vesting schedules. This means some of those funds may not be fully earned as of the date of divorce.
You’ll need to clarify in your QDRO whether the Alternate Payee (non-employee spouse) shares only vested employer amounts or if the QDRO should freeze and divide all balances, vested or not, as of the division date. This is a point that can lead to disputes and delays if not addressed properly.

