Employee and Employer Contributions
Employee contributions are fully vested and generally easier to divide. However, employer contributions might be subject to a vesting schedule. That means only a portion of the employer-funded amount may be available to the participant (and thus divisible) depending on how long they worked before the divorce.
If your spouse had not met the full vesting requirement at the time of divorce, you’ll need to account for that in your QDRO. You can specify that you are entitled to 50% of the vested amount only, or you can build special provisions depending on how future vesting is handled.

