1. Dividing Contributions
In 401(k) QDROs, both employee and employer contributions must be considered. While an employee’s contributions are immediately vested, employer contributions often have a vesting schedule that can affect how much a former spouse receives.
We often recommend that QDROs specify whether the division includes only vested balances as of the date of divorce or includes future vesting. Otherwise, the alternate payee might receive less than anticipated—or more, depending on the participant’s subsequent employment status.

