Employee vs. Employer Contributions
Employee (elective deferrals) contributions are always 100% vested. These can be easily divided by a flat dollar amount, percentage of the account balance, or a dividing formula as of a set date.
Employer contributions, however, might be subject to a vesting schedule. If your spouse was not fully vested at the time of your divorce or the date chosen for division in the QDRO, some plan balances may not be subject to division. This is a critical area where QDRO language must be precise — otherwise, the alternate payee may receive less than intended.

