Employee Contributions vs. Employer Contributions
The participant’s own contributions to the plan are typically 100% vested, but employer contributions may be subject to a vesting schedule. If the participant is not fully vested, the QDRO should carefully address whether to include only the vested portion or if there will be a future “if, as, and when vested” distribution to the alternate payee.
It is especially important to specify whether the division is a fixed dollar amount or a percentage of the account as of a specific date—usually the date of separation or marital cut-off as defined in your divorce decree.

