Unvested Employer Contributions
Many 401(k) plans include employer matching or profit-sharing contributions that follow a vesting schedule. If the participant is not fully vested at the time of divorce, the non-employee spouse might only receive the portion that is vested. Make sure your QDRO clearly identifies whether unvested amounts are included and how they should be handled if they vest in the future. In some divorces, future vesting is ignored; in others, the alternate payee receives the increased portion if vesting occurs.

