Vesting Schedule Considerations
If your soon-to-be ex-spouse has employer contributions in this account that aren’t fully vested, you may not be entitled to the full balance. Most plans have a set timeframe during which employer contributions “vest.” Contributions that aren’t vested at the time of divorce—or more importantly, at the time of distribution—could be forfeited back to the plan.
This means you should never assume the entire account is divisible. Asking for a breakdown of vested vs. unvested funds is critical when working on the QDRO.

