1. Employee and Employer Contributions
401(k) plans typically include contributions by both the employee and the employer. While employee contributions are always 100% vested, employer contributions may be subject to a vesting schedule.
For example, if the employee spouse is only 50% vested at the time of divorce, only half of the employer’s contributions are available for division. The unvested portion may be forfeited depending on the employee’s longevity with the company. Your QDRO needs to reference the vesting schedule to prevent over-allocating assets that don’t exist.

