Vesting Schedules for Employer Contributions
Many 401(k) plans have vesting schedules for employer contributions, meaning the employee may not be entitled to 100% of those contributions unless they’ve worked for the company for a certain number of years. If the employee spouse hasn’t fully vested, the non-employee spouse should only receive a portion of what’s vested.
When drafting a QDRO, it’s critical to separate vested and unvested amounts. Otherwise, you risk awarding benefits that haven’t yet been earned and may be forfeited if the employee leaves the company soon after the divorce.

