1. Vesting Schedules for Employer Contributions
In most 401(k) plans, the money an employee contributes is always 100% vested. However, employer contributions may vest over time. If your spouse earned employer matches but left the company before becoming fully vested, only a portion of those employer contributions may be included in the marital estate.
Make sure the QDRO addresses:
- Whether unvested funds are included in the award
- What happens if vesting occurs later (e.g., if the employee stays with the company after divorce)

