Employee vs. Employer Contributions
Employee contributions are always 100% vested. So, any division should include these amounts in full, based on the negotiated marital share. On the other hand, employer contributions may be subject to a vesting schedule. If the participant is not fully vested, only the vested portion can be divided under the QDRO.
Make sure your attorney gets a full breakdown of vested vs. unvested assets as of the legal separation or divorce cut-off date to avoid giving away benefits that don’t legally exist.

