Vesting of Employer Contributions
One of the biggest mistakes we see involves misunderstanding of vesting schedules on the employer side. In many 401(k) plans, employee contributions are always 100% vested, but employer matching contributions may not be. If your spouse hasn’t worked at Nr automotive, Inc. long enough, a portion of the employer match could be unvested—and therefore not included in what you’re entitled to receive.
The QDRO should clearly identify whether it applies only to vested funds on the date of division or includes future vesting. Most courts limit awards to the vested balance as of the division date, unless the parties agree otherwise.

