1. Employer Contributions and Vesting
401(k) plans often include employer matching or discretionary contributions. But not all of that money may belong to the employee yet. Plans usually have a vesting schedule—meaning some contributions could be forfeited if the employee hasn’t worked there long enough.
If you’re the alternate payee, be cautious: your share may be based only on the participant’s vested balance as of the division date. Also, pay attention to any unvested funds that could become vested after the divorce—some QDROs can account for that, but many don’t without careful drafting.

