Employee vs. Employer Contributions
Employee contributions are always 100% vested, meaning they belong fully to the employee regardless of their length of employment. However, the employer contributions (often matching contributions) may be subject to a vesting schedule. If the employee isn’t fully vested at the time of divorce, the former spouse (known formally as the Alternate Payee) may only be entitled to the vested portion.
The QDRO must clearly define what portions of the account are included. If not worded correctly, this can result in less money for the Alternate Payee or disputes with the plan administrator.

