Employee vs. Employer Contributions
Contributions made by the employee (participant) are always fully vested, meaning they can be divided in a QDRO without issue. However, employer contributions may be subject to a vesting schedule. That means some employer-contributed funds might not belong to the employee yet—and wouldn’t be included in a division.
The alternate payee must understand that only vested amounts are eligible in the QDRO. Be sure to request the participant’s most recent plan statement and the Summary Plan Description to confirm what part of the account is vested.

