Employee vs. Employer Contributions
Employee contributions are typically 100% vested from the moment they’re made. However, employer contributions may come with a vesting schedule. If the participant isn’t fully vested at the time of divorce, the non-participant spouse may not be entitled to the full balance of employer contributions.
It’s important that the QDRO clearly states how to handle unvested amounts. You may choose to give the alternate payee (usually the non-employee spouse) a percentage of the vested balance as of the divorce date or defer division until full vesting occurs.

