Vesting of Employer Contributions
In many 401(k) plans, the employer contributions are subject to a vesting schedule. That means the employee might not be entitled to keep all of those employer-funded benefits unless they’ve worked for the company long enough. When valuing the account for divorce purposes, you only split the vested portion unless you and your spouse agree otherwise. QDROs must be careful to specify exact ownership dates and limits based on what was vested at the time of divorce or at the date selected in the divorce agreement or court order.

