Dividing Employee and Employer Contributions
Employee contributions are usually 100% vested immediately. However, employer contributions often have a vesting schedule. That means your share of your ex-spouse’s profit sharing account may be limited to the portion that was vested as of your date of divorce or some other relevant date the court determines.
It’s very common for attorneys and parties to assume the alternate payee (the spouse receiving a share) is entitled to a flat percentage of the entire account. But if a portion of the account is not yet vested, the plan may only let you divide the vested portion — unless the court order specifically instructs otherwise (and the plan allows it).

