Unvested Employer Contributions
Employer contributions to a 401(k) plan typically follow a vesting schedule. That means not all of it may belong to the participant at the time of divorce. If the QDRO attempts to divide unvested funds, the alternate payee may receive less than anticipated.
The QDRO should be drafted to handle this clearly—either by limiting division to vested balances or providing fallback directions in case of forfeiture.

