Employee vs. Employer Contributions
In 401(k)-style retirement plans like the The College of St. Scholastica 403(b) Retirement Plan, there are usually two components: employee contributions (which are yours immediately) and employer contributions (which may be subject to a vesting schedule). When dividing the account in a divorce, a common approach is to use a percentage (e.g. 50%) of the “marital portion”—usually the amount accrued between the date of marriage and the date of separation.
It’s important to clearly define in the QDRO which parts are being divided and whether unvested employer contributions should be included. Many QDROs are rejected because they include amounts the participant isn’t yet entitled to.

