1. Employer Contributions and Vesting Rules
One of the common pitfalls in QDRO drafting is misunderstanding what’s actually divisible. With 401(k) plans like the The Bay 101 401(k) Plan, the employee may have both employee contributions and employer matches. However, some or all of those employer contributions may not be vested yet. Only the vested amounts are eligible for division.
Make sure the order specifies that the non-employee spouse is entitled to only the vested portion of employer contributions as of the separation or division date. If not addressed, this can create delays or disputes with the plan administrator.

