Employee and Employer Contributions
Employee contributions are typically 100% vested immediately, meaning the account holder (the employee spouse) has full ownership of those funds. These are almost always available for division in a QDRO.
Employer contributions, however, may be subject to a vesting schedule. That means some portion may not belong to the participant yet and could be forfeited if they leave the job early. A QDRO should only award the alternate payee their share of vested funds as of the cut-off date of the marital period (commonly the date of separation or divorce filing).

