Employee vs. Employer Contributions
Not all contributions are created equal. Employee contributions are fully vested as they’re deposited. But employer contributions, such as matching funds, are often subject to a vesting schedule. This means your spouse may not be entitled to 100% of the employer contributions made during the marriage.
Before dividing the plan, it’s crucial to get a breakdown of vested versus unvested funds. The QDRO should only assign rights to vested amounts, unless otherwise agreed upon in your divorce judgment.

