1. Employee vs. Employer Contributions
Employee contributions (salary deferrals) are fully owned by the participant and are typically 100% divisible in a QDRO. Employer contributions, on the other hand, may be subject to a vesting schedule. This means some of the employer contributions might not belong to the participant yet—so they can’t be shared in a divorce.
A good QDRO will specify whether the division includes just vested funds as of the divorce date or a percentage of the account regardless of vesting status. Timing and wording matter here.

