Employee and Employer Contributions
Employee contributions are always fully vested since they represent the portion deducted from pay. Employer contributions may not be. If your divorce decree awards a portion of total contributions, your QDRO needs to account for whether the employer amounts were vested at the time of divorce or at the time the QDRO is processed.
Unvested employer contributions could be forfeited if the employee leaves the company before fully vesting. Including or excluding unvested funds can substantially affect the alternate payee’s share.

