1. Employer Contributions and Vesting
In a divorce, it’s easy to focus solely on the account balance—but not all of it may be available for division. Many 401(k) plans include employer contributions that are subject to a vesting schedule. If your spouse received employer matching contributions but hasn’t met the vesting requirement (such as three or five years of employment), those funds may not be transferable through a QDRO.
When drafting the QDRO, it’s critical to distinguish between vested and non-vested contributions to avoid confusion or a miscalculation of the alternate payee’s share.

