Employee vs. Employer Contributions
Employee contributions are always fully vested—they belong 100% to the participant. However, employer contributions may be subject to a vesting schedule.
If a participant isn’t fully vested, some of the employer-contributed balance may not yet belong to them, and these amounts typically can’t be assigned to a former spouse. Your QDRO needs to clarify how non-vested amounts are handled and specify whether the alternate payee will receive a share only of the vested portion.

