Employee vs. Employer Contributions
Employee contributions are usually 100% vested. That means the portion of the account your spouse personally contributed is available to be divided. Employer contributions, such as matching or profit-sharing amounts, may be subject to a vesting schedule.
If your spouse is not fully vested in the employer match, unvested amounts may not be available for distribution to the alternate payee. Your QDRO should be clear about whether it divides only the vested portion or anticipates future vesting (most plans only allow for current assets to be divided).

