1. Employer Contributions and Vesting
It’s common for 401(k) plans to include both employee and employer contributions. Employer contributions are often subject to a vesting schedule—meaning your spouse may only own a portion of them based on their years of service. If your spouse isn’t fully vested, a portion of their employer contributions could be forfeited if they leave the company. A properly crafted QDRO should specify how unvested amounts are handled, and whether the alternate payee will be entitled to future vesting (in most cases, they won’t).

