Vesting Issues and Employer Contributions
One major complication in 401(k) plans like The Keith Corporation 401(k) Plan is employer contributions that are not fully vested. If your spouse is still employed, some employer funds may not yet belong to them. A good QDRO will specify how unvested amounts are handled. For example, if the employer contribution is only 50% vested, the QDRO must clarify whether you get a share only of the vested amount or of the full contributions as they vest.

