Employer Contributions and Vesting Schedules
Most 401(k) plans include employer contributions that are subject to a vesting schedule. This means part of the account balance might not belong to the employee yet. QDROs can only divide the vested portion. If you are the alternate payee, you’ll want to make sure the QDRO specifies that you’re entitled to a share of only the vested balance as of the assignment date—unless the parties agree otherwise.

