1. Employee and Employer Contributions
A major part of dividing a 401(k) is determining exactly what portion of the account the alternate payee will receive. Most QDROs specify a percentage or dollar amount of the total balance as of a certain date. But this plan may include employer contributions with their own vesting requirements.
If your spouse wasn’t fully vested in employer contributions at the time of separation or divorce, some of that money may be forfeited and is not eligible for division. Verify the vesting schedule early in the process and include language in the QDRO that excludes or addresses unvested funds properly.

