1. Vesting Schedules and Unvested Contributions
In many employer-sponsored 401(k) plans, employer contributions vest over time. If the participant leaves employment early or was not fully vested by the time of divorce, unvested funds may eventually be forfeited. In the QDRO, you must be very specific about whether the alternate payee is to receive a share of only the vested portion as of the date of divorce or also a portion of later vesting. Choose carefully—this affects both legal enforceability and fairness to both parties.

