Employee and Employer Contribution Splits
In most cases, both employee salary deferrals and employer contributions can be divided in a QDRO. However, employer contributions often come with a vesting schedule. If the participant hasn’t met the service requirements by the time of divorce (or the valuation date chosen for division), part of those contributions may be non-marital and unassignable.
Your attorney needs to define whether the award to the alternate payee includes only vested accounts or all account balances with adjustments for vesting.

