Employer Contributions and Vesting
One of the biggest issues in dividing a 401(k) plan is whether the employer contributions are fully vested. If part of the balance is not vested at the time of divorce, the non-employee spouse may receive less than they expect. Most 401(k) plans follow a vesting schedule, and only the vested portion is available to be divided via QDRO.
The QDRO should clearly specify that only vested amounts will be allocated—or if the parties want the order to allow for post-divorce vesting, that language must be added. Otherwise, non-vested funds will be forfeited according to plan terms.

