Employer Contributions and Vesting
Employers often contribute to a 401(k) account, but those contributions may be subject to a vesting schedule. This means your spouse may only have a right to a percentage of the employer’s contributions based on how long they worked for the company. For example, if the plan has a six-year graded vesting schedule and your spouse only worked there for three years, they might only be 50% vested in the employer’s contributions. A QDRO can only divide vested funds—so knowing the vesting percentage is key.

