Employee and Employer Contributions
The employee’s own salary deferrals are always immediately 100% vested, but the employer contributions may be subject to a vesting schedule. You can’t divide or award unvested funds in a QDRO unless they later become vested before distribution.
It’s wise to include contingency language in the QDRO to address possible post-divorce vesting. For example, if the employee is just one year away from being fully vested, the alternate payee may be allowed to benefit from that future vesting if the QDRO is properly worded.

