Employee vs. Employer Contributions
Employee contributions are fully vested immediately—any amount the participant contributed directly belongs to them and is generally divisible in a QDRO. However, employer contributions may be subject to a vesting schedule, meaning some of the funds may not yet belong to the employee (and therefore aren’t divisible).
In your QDRO, be clear on whether you’re dividing the vested account only, or including unvested employer contributions that vest later. We’ve worked on cases where omitting unvested employer contributions cost the alternate payee tens of thousands of dollars they were legally entitled to later.

