Vesting Schedules and Employer Contributions
Many 401(k) plans with employer contributions include a vesting schedule—meaning your spouse may not be entitled to 100% of what the company contributed on their behalf until they’ve worked at the company for a certain number of years. If your spouse hasn’t fully vested by the time of your divorce, portions of the employer contributions may be forfeitable.
A solid QDRO will address this by clearly stating whether your awarded share includes only vested assets or a percentage of future vesting. If not handled properly, you might think you’re getting 50% of the account but receive far less.

