1. Employer Contributions and Vesting Schedules
Many 401(k) plans only allow participants to keep employer contributions once they’re vested. This vesting is often based on years of service. If your spouse had employer contributions that weren’t vested at the time of divorce, those amounts may eventually forfeit. Your QDRO should account for that possibility.
For example, a spouse may be entitled to 50% of all vested employer contributions, but not a share of unvested amounts. It’s critical to coordinate with the plan administrator to get current vesting data before finalizing the QDRO.

