1. Employer Contributions and Vesting Schedules
401(k) plans often include a mix of employee contributions (which are always 100% vested) and employer contributions (which may be subject to a vesting schedule). If the participant spouse hasn’t yet reached full vesting on employer contributions, a portion of that account value may not be eligible for division.
When preparing the QDRO, make sure the document clearly states whether unvested amounts are to be included or excluded from the alternate payee’s share as of the division date.

