1. Contributions and Vesting Schedules
401(k) plans typically include both employee and employer contributions. The employee’s own contributions and earnings are always 100% vested. But employer contributions may be subject to a vesting schedule, meaning they aren’t fully owned by the participant until certain service requirements are met. If you’re the alternate payee, you only receive the vested portion.
Unvested employer contributions can create false assumptions during divorce negotiations. If the participant spouse hasn’t met vesting requirements, a portion of the employer-paid amounts could be forfeited if they leave the company. Make sure the QDRO only assigns what’s actually available.

