1. Vesting and Forfeitures
Many 401(k) plans have employer contributions that follow a vesting schedule. This means the employee earns the rights to employer contributions over time. In a divorce, only the vested portion can be divided through a QDRO. For example, if your spouse has only been working for Vesco oil corporation 401(k) plan for a few years, a large part of the employer match may not be divided if it’s not yet vested.
When drafting the QDRO, it’s critical to be clear about how unvested balances are handled. If not addressed, the alternate payee could end up expecting more than they’ll legally receive.

