1. Vesting Schedules for Employer Contributions
Most 401(k) plans have a vesting schedule for employer contributions. This means that if you or your spouse leaves the company before a certain number of years, only a portion of the employer contributions will be “vested” or earned.
Only vested amounts can be divided in a QDRO. Unvested portions are forfeited. This critical point must be reflected in the division language. If you are the alternate payee, make sure your share is calculated only from the vested balance as of the date of division.

