1. Vesting Schedules and Unvested Employer Contributions
Most 401(k) plans contain both employee and employer contributions. Employee contributions are usually 100% vested immediately. But employer contributions might be subject to a vesting schedule—meaning they only “belong” to the employee after a certain amount of service.
If your spouse is a participant in the Mi Metals, Inc.. 401(k) Savings Plan and isn’t fully vested, be cautious. Your QDRO should account for only the vested portion unless otherwise ordered. You may also want language added that awards a percentage of any future vesting on those employer contributions based on the plan’s rules.

