Employee vs. Employer Contributions
Many 401(k) plans feature matching or discretionary employer contributions. The problem? These amounts often come with a vesting schedule. If the employee spouse isn’t fully vested at the time of divorce, the unvested portion may be forfeited. It’s critical to:
- Determine the vesting status as of the division date
- Specify whether the alternate payee should share in vested funds only or both vested and unvested (some QDROs allow the alternate payee to receive gains if those funds become vested later)

