1. Vesting Schedules and Employer Contributions
Most 401(k) plans include both employee contributions (which are always 100% vested) and employer contributions (which may be subject to a vesting schedule). If you’re the alternate payee and your spouse isn’t fully vested in their employer contributions, you may not be entitled to the full balance shown.
Your QDRO should state whether you’re dividing the total account balance (including non-vested amounts) or just the vested portion. We help our clients understand what they’re actually entitled to before any order is filed.

