Employee vs. Employer Contributions
Employee contributions to the plan are usually 100% vested immediately. However, employer contributions—especially those from profit sharing—often vest over time. If the participating spouse has not been with the company long enough, some of those employer contributions may still be unvested and can be forfeited if they leave their job.
Your QDRO should specify that only vested amounts are to be divided, unless the parties agree otherwise. Otherwise, the alternate payee (usually the non-employee spouse) could be awarded funds that don’t actually exist if the employee leaves before full vesting.

