Employee and Employer Contributions
A typical QDRO should separate the employee’s contributions (voluntary payroll deferrals) from any employer matching or profit-sharing contributions. In some cases, these employer contributions are subject to a vesting schedule. That means only the vested portion can be divided in the QDRO.
If the employee spouse has unvested contributions, those may stay with them. The QDRO should specify whether the alternate payee receives only the vested portion as of a specific valuation date, or whether future vesting is shared if the order is designed that way.

