1. Employee and Employer Contributions
Most 401(k) plans are funded by both employee salary deferrals and employer matching or non-matching contributions. But not all contributions are immediately available to the participant or the alternate payee. Some may be subject to a vesting schedule, meaning the participant forfeits a portion if employment ends before a certain number of years.
When dividing the Phe 401(k) Plan, your QDRO should clearly state whether you’re awarding only the vested portion, or if you’re including projected vesting post-divorce. If you’re the alternate payee, make sure your order properly explains what happens if unvested funds become vested after the divorce.

