Employee and Employer Contributions
401(k) accounts often include both employee contributions and employer matching or profit-sharing contributions. A common mistake in QDRO drafting is assuming all funds are treated the same. In many plans, employer contributions are subject to a vesting schedule. That means your share of unvested funds may be forfeited.
The QDRO should specify how to handle vested and unvested portions. Most attorneys and courts focus on dividing what’s vested as of the date of divorce or account division. If you try to include unvested amounts, be prepared for rejection by the plan administrator.

