Employee Contributions vs. Employer Contributions
Employee contributions (salary deferrals) are always 100% vested. That means whatever the participant has contributed is available for division through the QDRO. Employer contributions, on the other hand, may be subject to a vesting schedule.
That means if the participant hasn’t worked long enough for the employer’s matching or profit-sharing contributions to become fully vested, a portion may be non-divisible. The QDRO should clearly state how forfeited (unvested) amounts are treated—whether they’re excluded from the alternate payee’s share or whether future vesting is shared pro rata.

