Vesting Schedules and Forfeitures
One of the most overlooked issues in 401(k) QDROs is the employer contribution vesting schedule. While employees are always 100% vested in their salary deferrals, employer contributions often vest over several years. If your spouse received employer contributions that are not yet vested at the time of divorce, the unvested portion may revert back to the company and not be available for division.
A good QDRO will account for this possibility by specifying whether the alternate payee is entitled only to the vested balance or to any future vesting as well. This should be clearly negotiated during settlement discussions.

