Employee and Employer Contributions
The employee’s own contributions are always 100% vested and can be divided based on any agreed-upon formula—such as half the balance accumulated during the marriage. Employer contributions, however, often follow a vesting schedule. This means some of the employer match may not belong to the employee (or their former spouse) yet, especially if they recently started working for the company.
Your QDRO must be clear about whether it divides just the vested balance or includes unvested employer funds that may vest in the future. Be sure your settlement agreement reflects this as well.

