Employee vs. Employer Contributions
Employee contributions are always 100% vested. That means whatever the employee contributed—plus earnings—can be split immediately once the QDRO is approved.
However, employer contributions follow a vesting schedule. If your divorce occurs before the participant is fully vested, the alternate payee may only receive a portion of what would normally be their share. Your QDRO must clearly state how to treat unvested amounts, including whether the alternate payee gets nothing or a proportional share as they vest.

