1. Unvested Employer Contributions
401(k) plans often follow vesting schedules. That means some of the employer contributions may not fully belong to the employee unless certain service thresholds have been met. If you’re the alternate payee (the spouse receiving the divided amount), you need to know whether the funds you’re seeking are actually vested—or if they could be forfeited.
If the divorce occurs before these contributions are vested, the QDRO must specify how such forfeitures are treated. In most cases, only the vested balance is transferable.

