Employee and Employer Contributions
A dividing QDRO must clearly state whether only employee contributions or both employee and employer contributions are being split. Employee contributions are usually 100% vested right away, while employer contributions may be subject to a vesting schedule — meaning the employee must work a certain number of years before fully owning those benefits.
It’s not uncommon for spouses to assume the entire account is divisible, only to find out that a significant portion (usually employer contributions) isn’t yet vested and thus not transferable. That’s why it’s important to determine how much of the account is vested and to divide only the vested balance unless otherwise agreed upon.

