1. Vesting Schedules for Employer Contributions
Employees often think the whole account balance is up for division, but that isn’t always true. Many 401(k) plans include employer matching or profit-sharing contributions that are subject to a vesting schedule. If the employee spouse isn’t fully vested, the unvested portion could be forfeited later and may never be paid out to the alternate payee. To avoid disputes, the QDRO should be clear about whether the division includes only vested funds or potentially forfeitable amounts.

