Employee and Employer Contributions
In 401(k) plans like the The Federation of State Medical Boards Thrift Retirement Plan, employee contributions are always 100% vested. That means the plan participant (your spouse or you, depending on who’s the participant) owns those funds outright. However, matching or discretionary employer contributions may be subject to a vesting schedule.
In a divorce, only the vested portion of employer contributions may be divided in a QDRO. If the plan uses a graded or cliff vesting schedule, you’ll need to request a Benefits Statement or Summary Plan Description from the plan administrator to determine what portion is divisible.

