1. Vesting Schedules for Employer Contributions
401(k) plans usually include both employee contributions (always 100% vested) and employer contributions (which may be subject to a vesting schedule). If the plan participant isn’t fully vested, the non-vested portion may be forfeited and therefore not available for division in the QDRO.
To avoid confusion, be sure the QDRO clearly states that only the vested portion of employer contributions should be divided at the time the order is implemented. If this isn’t spelled out, it could create delays or disputes down the road.

