1. Employee Contributions vs. Employer Contributions
Employee contributions are almost always 100% vested. However, employer contributions—such as matches or profit-sharing—often follow a vesting schedule. That means if the employee-spouse hasn’t worked at the company long enough, part of the employer’s contributions may be forfeited. A good QDRO will account for this and either divide only the vested portion or include language that adjusts the alternate payee’s share if the participant becomes vested later.

