1. Unvested Employer Contributions
Most 401(k) plans include a vesting schedule for employer contributions. This means that some of the employer’s match may not be fully earned until the employee works at the company for a specified time. A properly drafted QDRO must specify how to treat unvested amounts: either to exclude them or distribute only vested balances as of a certain date. This should be clearly laid out to avoid rejection or dispute later.

