1. Confirm the Participant’s Vested Balance
Many 403(b) and 401(k) plans divide only the vested portion of employer contributions. It’s not uncommon for participants to have a mix of vested and unvested funds depending on the length of employment. If the QDRO mistakenly includes unvested employer contributions, the alternate payee may not receive the intended amount.
You need to confirm with the plan administrator:
- Which amounts are vested as of the Date of Division
- Whether the vesting applies to employer match only, profit-sharing, or other components
- If any portions risk being forfeited due to insufficient service time

