1. Vesting Schedules for Employer Contributions
Many 401(k) profit-sharing plans include company contributions that are subject to a vesting schedule. This means an employee may not be entitled to keep 100% of employer contributions unless they’ve been with the company long enough.
In a QDRO, only vested amounts can be divided. If your ex-spouse isn’t fully vested, only the vested portion of employer contributions should be included. A well-written QDRO should clarify whether unvested funds at the time of divorce, or at the time of distribution, are included.

