Employee vs. Employer Contributions
Employee contributions are always 100% vested, so any amount the participant (your ex-spouse) contributed from their paycheck can be divided based on the date of separation or another relevant valuation date. However, employer contributions may be subject to a vesting schedule based on years of service. That means some of the employer’s contributions may not belong to the participant until they reach a certain tenure—and some may be completely forfeited if the participant leaves employment early.
When drafting a QDRO, it’s essential to be clear about whether you’re dividing just the vested balance or including unvested funds. A knowledgeable QDRO attorney can help avoid disputes or rejection by the plan administrator.

