1. Employee and Employer Contributions
This 401(k) plan includes both employee contributions (usually fully vested) and employer contributions (often subject to a vesting schedule). When dividing the plan, the QDRO must clarify how both types of contributions are to be handled. Employer contributions that are unvested may be forfeited if the participant leaves the company before vesting.
If the divorce takes place before full vesting, the alternate payee may only receive a portion—if any—of the employer contributions. Being specific in the QDRO about vesting terms and contingencies is essential.

