Employer Contributions and Vesting
401(k) plans like the Medely 401(k) Plan may include employer matching or profit-sharing contributions. However, these are often subject to a vesting schedule. If your spouse isn’t fully vested at the time of divorce, only a portion—or none—of the employer contributions may be available for division.
This is where many QDROs go wrong. Some attorneys mistakenly assume all plan balances are divisible. Wrong. You must explicitly determine the vested portion on the date of division and word the QDRO accordingly.

