1. Employer Contributions and Vesting Schedules
401(k) plans frequently offer employer contributions — either matching or non-elective. However, these contributions are often subject to a vesting schedule. If your spouse isn’t fully vested, any unvested employer contributions may not be yours to claim in the QDRO. If a QDRO mistakenly divides unvested amounts, the plan administrator will deny that portion of the order.
Make sure the QDRO only divides the vested portion of the account. Better yet, include language that accounts for changes in vesting status by the time benefits are paid out.

