1. Vesting Schedules
Employer contributions in 401(k) profit-sharing plans are often subject to a vesting schedule. This means the employee must work for the employer for a specified period before the employer’s contributions (and the earnings on them) fully belong to them.
A QDRO must clarify whether unvested amounts are part of the division, which they typically are not unless otherwise negotiated in the divorce agreement. Including unvested benefits creates implementation problems and can delay approval.

