Employee vs. Employer Contributions
In most cases, the employee’s own contributions to the plan—and any growth on them—are clearly subject to division. But employer contributions may be subject to a vesting schedule. If the employee isn’t fully vested yet, the unvested portion may be forfeited if employment ends.
Make sure your QDRO reflects the actual vested amount as of the division date. It’s common for ex-spouses to overestimate what they can actually receive if vesting language isn’t considered.

