1. Vesting Schedules for Employer Contributions
Many 401(k) plans separate employee contributions (which are always 100% yours) from employer contributions, which may be subject to vesting. A QDRO can only divide vested amounts, so if your spouse hasn’t met vesting requirements, some employer funds could be off the table. When drafting the QDRO, we account for this based on plan documents or confirmation from the plan administrator.

