Employee and Employer Contributions
This 401(k) likely includes both employee deferrals and employer matching or profit-sharing contributions. While employee contributions are always 100% vested, employer contributions may be tied to a vesting schedule. That means any unvested funds could be forfeited before the QDRO is processed.
- Make sure your QDRO specifies a valuation date early enough to capture the largest vested account balance.
- Consider future vesting—should the former spouse receive unvested amounts if they later vest?

