1. Employee and Employer Contributions
In a standard 401(k), including the Spoke & Weal 401(k) Plan, there are both employee (pre-tax or Roth) and employer contributions. While employee contributions generally become fully vested immediately, employer contributions may be subject to a vesting schedule. If some employer contributions aren’t vested at the time of divorce, those funds may be forfeited and therefore not available for division.
When drafting the QDRO, clarify that only vested balances will be divided, or include language that adjusts the alternate payee’s share if some contributions become vested after the divorce date.

