Employee and Employer Contributions
Both employee and employer contributions may be subject to division, but the split can get tricky due to vesting rules. Employee contributions are always 100% vested and should be divided as of a specific date—usually the date of divorce or separation. However, employer contributions may be only partially vested.
The plan may have a graded vesting schedule (e.g., 20% per year of service). If some employer contributions are unvested at the time of divorce, they could be forfeited later if the employee spouse leaves the company. That must be considered when drafting the QDRO.

