Employer Contributions and Vesting
Many 401(k) plans include employer contributions (such as matching or profit-sharing amounts) that are subject to a vesting schedule. That means the participant doesn’t “own” all those funds until they’ve remained employed for a certain number of years. Any unvested amounts at the time of divorce may not be divided through the QDRO. If your spouse has forfeited funds since separation or divorce, this could result in less money actually being available for division.

