1. Employee vs. Employer Contributions
Employee contributions are usually 100% vested and can be divided between the spouses as of a specific date — often the date of divorce or separation. But employer contributions are another story. Those may be subject to a vesting schedule.
If the employee isn’t fully vested at the time of division, a portion of the employer contributions may be forfeited. Your QDRO should clearly specify what happens to the unvested funds and whether they remain with the employee or are excluded from division.

