Employee and Employer Contributions
Employee contributions (also known as elective deferrals) are always 100% vested by law. However, employer contributions can be partially or fully unvested depending on the company’s vesting schedule. If the participant spouse hasn’t met the service requirements for full vesting, the unvested portion will be forfeited and is not subject to division in the QDRO.
Make sure your QDRO specifies that the alternate payee is entitled only to the vested portion of employer contributions as of the date of division.

