Employee vs. Employer Contributions
In most QDROs, divorcing spouses divide the “vested” portion of the retirement account. While employee contributions are always 100% vested, employer contributions may be subject to a vesting schedule. That means your spouse might not be entitled to everything in the account.
If the divorce happens before the participant is fully vested in company contributions, any unvested employer match is not part of the marital estate and generally goes back to the company. The QDRO should reference these distinctions to avoid disputes later.

