1. Vesting Schedules
401(k) plans usually include both employee and employer contributions. Employee contributions are always 100% vested, but employer contributions may vest over time. If the American Spraytech 401(k) includes a 6-year graded vesting schedule (for example), your ex-spouse may only be entitled to a portion of the employer match depending on how long the employee worked there.
When drafting your QDRO, make sure to clarify whether the alternate payee will share in vested amounts only or request a “separate interest” division that could include future vesting. It’s important to know what you’re entitled to—and what’s legally available to divide.

