Employee and Employer Contributions
Employee deferrals are always 100% vested and can be divided without restriction. Employer profit sharing contributions, however, may be subject to a vesting schedule. This means that if your spouse hasn’t been with the company long enough, some of their employer contributions may not be available for division—they’re simply considered unvested and typically revert back to the plan if your spouse leaves the company.
Be sure to check the specific vesting terms. If a participant is partially vested, the QDRO should be based on the vested balance only, unless the court decides to account for potential vesting post-divorce.

