Unvested Employer Contributions
Most 401(k) plans include employer contributions, but those funds often follow a vesting schedule. That means a portion of the employer money may be forfeited if your spouse leaves the company before being fully vested. In your QDRO, it’s important to determine whether the alternate payee will share only in the vested portion—or be awarded a set percentage of the total balance regardless of vesting status (which can be tricky if the participant is still working).

