Employee vs. Employer Contributions
One of the first things to consider is how contributions were made. An employee’s own contributions are typically 100% vested immediately, but employer contributions may be subject to a vesting schedule. When splitting the account, only the vested portion of the employer match can be allocated to the non-employee spouse.
The QDRO must clearly define whether the award includes just the vested amount as of the date of division or whether it will track future vesting (rare, but possible if both parties agree). If part of the account is forfeited due to vesting rules, the alternate payee may receive less than anticipated unless the QDRO is worded carefully.

