1. Employee and Employer Contributions
In most 401(k) plans, both the employee and the employer contribute money. However, employer contributions are often subject to a vesting schedule. If your QDRO attempts to award funds that haven’t vested, that portion may be forfeited. It’s vital to:
- Confirm the participant’s current vesting status
- Clarify the treatment of unvested employer contributions in the order
- Avoid allocating non-vested funds that could be lost post-divorce

