1. Employer Contributions and Vesting Schedules
Many 401(k) plans include employer-matching contributions that are subject to vesting. Just because there’s a large balance in the account doesn’t mean all of it is divisible in a QDRO. Only the vested portion of employer contributions is eligible for distribution to the alternate payee.
When writing your QDRO, it’s critical to understand if any of the balance is unvested. Language in the order should clearly state whether only vested amounts are distributable or whether the alternate payee’s share includes future vesting (if allowed by the plan).

