1. Employer Matching Contributions and Vesting Rules
In most 401(k) plans, employee contributions are immediately vested, but employer matching contributions may not be. That means the participant (and their ex-spouse) might not have full rights to the entire account value if certain vesting milestones weren’t hit before the divorce.
The QDRO must specify whether it includes only vested balances—or if it attempts to award a portion of unvested balances (which may eventually be forfeited). Clarity here can prevent confusion and disappointment.

