1. Vesting and Forfeited Contributions
Many business-sponsored 401(k) plans—especially those in the general business sector—include employer contributions that are subject to a vesting schedule. That means the employee spouse may not have full ownership of employer matches at the time of divorce.
If the non-employee spouse requests 50% of the account, but half the employer contributions are unvested, the QDRO must specify what happens to that portion if it’s forfeited later. We typically advise making that portion revert to the employee spouse or allowing for reallocation—depending on the divorce terms.

