Employee vs. Employer Contributions
Employee contributions (the amount an employee puts in from their paycheck) are always 100% vested. However, employer contributions (such as matching or profit-sharing) may be subject to a vesting schedule. Unvested amounts can be forfeited depending on the employee’s length of service at the date of divorce or account division.
In your QDRO, you must clearly define whether the alternate payee (usually the ex-spouse) receives a share of just the vested balance or the entire account balance on a specific date. If employer contributions are unvested as of the division date, they may be excluded entirely.

