Employee vs. Employer Contributions
The plan likely includes both employee deferrals and employer profit-sharing contributions. While the employee’s deferrals are usually 100% vested, employer contributions often vest over time. If you are receiving a portion of the benefits, be sure the QDRO limits distributions to the participant’s vested portion only.
If your spouse isn’t fully vested yet, the non-vested portion may be forfeited—meaning you can’t receive any portion of it in the divorce. This makes timing important. In some cases, waiting until vesting closes could mean a larger share for the spouse receiving benefits.

