Employee and Employer Contributions
Employee contributions are usually 100% vested immediately. Employer contributions may be subject to a vesting schedule. A QDRO should make it clear whether the alternate payee (usually the former spouse) is entitled to a portion of vested employer contributions only, or both vested and unvested amounts as of a specific date.
We often recommend setting a division date, such as the date of separation or date of judgment, and specifying that only vested funds as of that date are to be divided unless otherwise agreed upon. This helps avoid later conflicts about wealth accrued after the divorce process.

