Vested vs. Non-Vested Employer Contributions
401(k) plans often include employer matching or profit-sharing contributions that are subject to vesting schedules. If your spouse hasn’t met the vesting requirement yet, those matching contributions might not be considered marital property. The QDRO should clearly state whether the alternate payee is to receive only the vested portion or both vested and unvested amounts (with a clause for future vesting if applicable).

