Employee vs. Employer Contributions
Employee contributions are always 100% vested, meaning the alternate payee (ex-spouse) is typically entitled to their share of whatever portion is awarded in the divorce. But for employer contributions, the situation may be more complicated.
Just because funds are in the account doesn’t mean they’re fully vested. If the employee hasn’t met the required service time for those contributions, they may forfeit some or all employer contributions after the divorce. A properly worded QDRO can account for this and specify how to handle forfeitures.

