1. Vesting Schedules and Forfeitures
Most 401(k) plans, particularly in the general business sector, separate employee contributions (which are always 100% vested) from employer contributions (which may be subject to a vesting schedule).
If your spouse isn’t fully vested in the employer contributions at the time of divorce, you need to be careful in your QDRO drafting. Only vested balances are divisible. Any unvested funds will typically be forfeited when the employee leaves their job or at the time of the QDRO calculation.

