1. Employer Contributions & Vesting
Not all of the retirement funds in a 401(k) are immediately available to divide. Employer contributions—such as matching funds—usually have a vesting schedule. This means an employee only becomes “fully entitled” to those amounts after a certain period of employment.
In a divorce, only vested amounts are eligible for division under a QDRO. Knowing what is fully vested—and what’s not—at the time of division is critical to making sure the order is accurate. If you’re the alternate payee, it’s important you don’t assume you’re entitled to amounts that are still unvested and potentially forfeitable.

