Employee and Employer Contribution Allocations
Both employee and employer contributions are included in the account balance—but only vested employer contributions are divisible. If certain employer contributions are still subject to a vesting schedule (e.g., 20% vested each year), the alternate payee is generally only entitled to the vested portion as of the date of division (usually date of separation or divorce).
A good QDRO should specify how to handle unvested assets—do they get excluded entirely, or does the alternate payee receive them upon future vesting? Leaving this decision vague can cause disputes and delays.

