1. Employer Contributions and Vesting Schedules
401(k) plans often have a vesting schedule for employer contributions. That means the participant may not own the full employer match unless they’ve been with the company for a certain period. A common mistake is dividing the account balance without realizing some of it is unvested—and could be forfeited if the employee leaves the job.
In your QDRO, make sure you’re only dividing the vested portion (unless otherwise agreed). Verify the summary plan description or request a vesting report to identify which funds are actually divisible.

