Employee vs. Employer Contributions
Employee contributions are always 100% vested—this means they’re fully owned by the employee spouse and are available for division. Employer contributions, on the other hand, might be subject to a vesting schedule. If the employed spouse hasn’t met the required years of service, all or part of the matching contributions may be nonvested and therefore excluded from what’s divided.
Tip: If you’re the alternate payee, make sure your QDRO makes clear whether you’re entitled only to vested funds, or also to any that might vest later. That clarity can prevent disputes down the line.

