Employee vs. Employer Contributions
Employee contributions (your own paycheck deductions) are typically 100% yours, regardless of length of service, and are therefore fully divisible in a QDRO. Employer contributions, however, are usually subject to a vesting schedule. That means only the portion that’s “vested” can be divided.
For example, if your employer matched 100% of employee contributions but had a six-year vesting schedule and you’ve only worked there three years, only 50% of those employer contributions may be considered yours to divide. A QDRO must account for the vesting status of employer contributions as of the date of division.

