Employee vs. Employer Contributions
Employee contributions are always 100% vested, meaning the spouse (alternate payee) may receive a share of these contributions accrued during the marriage.
Employer contributions, however, may be subject to a vesting schedule. That means if some of the matching contributions haven’t vested by the time of separation or divorce, they may not be eligible for division. Your QDRO should clearly state whether to include only vested employer funds or all employer contributions subject to future vesting.

