Unvested Employer Contributions
One of the biggest points of confusion is how a QDRO handles unvested employer contributions. In 401(k) plans, employees often get matching contributions that “vest” over time. If not vested as of the divorce date—or as of the date specified in the QDRO—those amounts may be forfeited. A good QDRO clearly specifies whether the alternate payee is to receive only vested amounts or all amounts as of a certain date.

