Unvested Employer Contributions
One of the most common surprises in 401(k) accounts is the vesting schedule. Employers often match employee contributions, but those employer funds don’t fully “vest” until the employee has been with the company for a specific period. If the employee gets divorced before being fully vested, only vested amounts are subject to division unless the order specifies otherwise. Your QDRO should clearly state whether unvested amounts are excluded or provide a method for future tracking.

