Vesting Schedules and Forfeitures
One of the biggest traps in dividing a 401(k) plan is assuming that the full employer contribution is available. That’s often not true. Most plans include a vesting schedule that dictates how and when the employee earns ownership of employer contributions. An employee who leaves the company before becoming fully vested may lose a portion of the employer contributions.
A proper QDRO will specify how the alternate payee’s share will be handled if some or all of the participant’s account is unvested. Options include awarding a flat percentage of the vested balance or defining alternate payee rights based on future vesting outcomes.

