Employee vs. Employer Contributions
The plan likely includes both employee pre-tax (or Roth) deferrals and employer profit-sharing contributions. While employee portions are always 100% vested, employer contributions may be subject to a vesting schedule. A QDRO must account only for the vested portion unless agreed otherwise.
If the participant is not fully vested, the alternate payee can only receive a share of the vested balance. It’s important to clarify this in the settlement agreement and QDRO. Ask for a vesting schedule from the plan administrator if it’s not included in your documentation.

