1. Employer Contributions and Vesting Schedules
This is a big one. Employer contributions are often subject to vesting schedules, especially in general business 401(k) profit-sharing plans. This means some of the account value may not yet “belong” to the employee spouse, depending on years of service. If the QDRO tries to divide unvested funds, the plan administrator may reduce the alternate payee’s share significantly—sometimes to zero—if those funds aren’t vested yet or are later forfeited due to job separation.
We typically recommend identifying the “vested balance” as of the division date when splitting the account. That protects both parties and avoids overpromising benefits the plan won’t deliver.

