Employee and Employer Contributions
Both employee salary deferrals and matching employer contributions are divisible in divorce, but there’s often one major difference—employee contributions are always 100% vested, while employer contributions may be subject to a vesting schedule. If, for example, the participant hasn’t worked for Unknown sponsor for the required number of years, some employer contributions may be forfeitable.
It’s important for the QDRO to clearly define whether it includes just the vested portion of the plan or attempts to claim unvested, potentially forfeitable funds. Most plan administrators won’t honor divisions of non-vested funds unless specific language is used.

