1. Vesting Schedules
Employer contributions in a 401(k) plan are often subject to a vesting schedule. That means your or your spouse’s full balance may not be entirely “owned” yet. Only vested amounts can be divided under a QDRO. If a portion of the employer’s match isn’t vested, that amount can’t be transferred to the alternate payee.
Our firm ensures that we clearly separate vested from unvested funds when we prepare your QDRO. We also help you understand whether any percentage of employer contributions might eventually vest after separation—but before the QDRO is finalized.

