1. Employer Contributions and Vesting Schedules
401(k) plans often feature both employee and employer contributions. While employee contributions are always considered fully vested, employer contributions might be subject to a vesting schedule. In divorce, only the vested portion of employer matches is eligible for QDRO assignment. If the participant isn’t fully vested, some of that balance may be excluded from division.
Best practice: Ask the plan administrator for a vesting statement as of the separation date to determine what portion is divisible.

