1. Employer Contributions and Vesting
401(k) plans often include employer match contributions that are subject to a vesting schedule. If your spouse isn’t fully vested at the time of divorce, you may not be eligible to receive any portion of those unvested funds. A properly prepared QDRO should clearly specify whether the alternate payee will share in the vested balance only, or if a portion of unvested funds will be included once vested.
Make sure to confirm with the plan administrator how their vesting schedule works and what portion is vested as of the division date. This information must be included in the QDRO.

