1. Employer Contributions and Vesting Schedules
Many 401(k) plans include both employee and employer contributions, and it’s important to determine what portion is fully vested. If your spouse only recently joined the company, employer contributions may be partially or entirely unvested. The unvested portion typically gets forfeited during a plan division and cannot be awarded in a QDRO.
Make sure to request a vesting statement from the plan administrator. This will show how much of the account is actually eligible for division.

