Employer Contributions and Vesting Schedules
401(k) plans typically include both employee deferrals (which are always 100% vested) and employer matching or profit-sharing contributions (which may be subject to a vesting schedule). If part of the balance includes unvested employer funds, a former spouse may only be entitled to the vested portion.
Before agreeing on how to divide the plan, request a current participant statement that includes vested and unvested balances. This helps avoid disputes later and ensures the QDRO is accurate.

