1. Vesting Schedules and Unvested Funds
401(k) plans often include employer contributions that aren’t immediately owned by the employee. These are subject to a vesting schedule — usually based on years of service. Any unvested amount is typically forfeited at the time of divorce. A good QDRO attorney will make sure the division only applies to vested funds unless your agreement says otherwise.
Tip: If your divorce is near the date of full vesting, it may be worth waiting to lock in more value for both spouses.

