Vesting Schedules and Employer Contributions
Many 401(k) plans include employer contributions that are subject to vesting schedules. That means your spouse might only be partially vested at the time of divorce, and could forfeit unvested amounts if they leave the company.
The QDRO should only divide what is vested at the time stated in your marital settlement agreement. If your divorce says assets are divided as of “the date of separation,” but you don’t check the vesting status, the awarded amount to the former spouse could be inflated—and unenforceable.

