Employee vs. Employer Contributions
Contributions made by the employee (your spouse) are generally 100% divisible in a QDRO. However, employer contributions may be subject to a vesting schedule. That means if the employee is not fully vested at the time of the divorce, part of the account (typically the employer match) may not yet belong to the participant—and therefore cannot be divided.
It’s important to request a vesting schedule from the plan administrator or employer to determine if there are any unvested funds that may affect your QDRO award.

