1. Determining Vested vs. Non-Vested Funds
Many 401(k) plans—especially those sponsored by private corporations in the general business space—include employer-matching contributions that are subject to vesting schedules. Just because there’s $100,000 in the account doesn’t mean the participant is entitled to it all.
The QDRO should specify whether the alternate payee receives a share of only the vested portion as of the date of division, or whether they are entitled to any future vesting if applicable.

