Employee vs. Employer Contributions
It’s crucial to distinguish between amounts contributed by the employee and those added by the employer. Generally, employee contributions belong entirely to the participant. Employer contributions may be subject to a vesting schedule. Your QDRO should specify whether the alternate payee (the non-employee spouse) is awarded a share of just the vested balance or any portion of unvested employer contributions as of a specific date.
Many plans, especially those in general business sectors like the Peoplecare 401(k) Plan, offer matching or discretionary employer contributions. Only vested amounts can be divided. If unvested employer contributions are mistakenly awarded in the QDRO, the alternate payee risks receiving nothing from that portion.

