1. Vesting and Employer Contributions
401(k) plans often include both employee deferrals and employer contributions. The employer match may be subject to a vesting schedule. Your QDRO needs to state whether only vested funds are being divided—or whether a share of unvested balances will be included pending future vesting. If the ex-spouse is awarded a portion of unvested employer contributions, and those funds do not vest, they may be forfeited before transfer.

