Employee and Employer Contributions
Employee contributions are straightforward: whatever amount has been contributed and the related gains or losses typically go to the participant unless otherwise specified. But employer contributions may be subject to a vesting schedule.
If part of the employer contributions are not yet vested, the alternate payee (usually the former spouse) is not entitled to them unless and until they vest. Your QDRO should clarify how to treat forfeited or unvested funds—will the alternate payee still get a percentage of the total when they vest, or are they excluded?

