Employee and Employer Contributions
The first question we ask is: who made the contributions? Employee contributions (often elective deferrals) are always 100% vested and easier to divide. But employer contributions, such as matching or profit-sharing amounts, may be subject to vesting schedules.
If the employee is not fully vested in the employer contributions, some of the balance listed on the statement might not be available for division. Your QDRO must clearly distinguish between vested and unvested amounts, since only vested funds can be assigned to the alternate payee.

