1. Vesting of Employer Contributions
Employer contributions to 401(k) plans are often subject to vesting schedules. This means the participant may only be entitled to a percentage of those contributions depending on how long they’ve worked for the company. For example, if the participant is 60% vested, then only 60% of the employer match is available for division. The QDRO must either:
- Exclude the unvested portion
- Include future vesting and outline how it applies to the alternate payee

