Unvested Employer Contributions
401(k) plans often include employer matching contributions, and these don’t always belong to the employee right away. If the participant in the marriage isn’t fully vested, a portion of the employer contributions may not be divisible. Vesting schedules vary widely—some plans vest 100% after a few years, others vest gradually. A good QDRO will address which portion of the employer contributions is subject to division based on the vesting status at the time of divorce or distribution.

