1. Employer Contributions and Vesting Schedules
401(k) plans typically include both employee and employer contributions. One common issue in divorces is how to handle unvested employer contributions. If your spouse is not fully vested in the employer match at the time of the divorce, that amount may not be divisible yet—or it may be forfeited if the employee leaves the company early.
Make sure to clarify whether the division includes only vested portions or attempts to allocate future vesting on existing contributions. This choice should be clearly outlined in your QDRO.

