1. Unvested Employer Contributions
Many 401(k) plans have a vesting schedule for employer contributions. If your spouse earned matching funds from Insight meditation society, Inc.., some or all of those funds may not be fully vested at the time of divorce. That means the portion of the funds they haven’t yet earned may not be available to divide. A well-drafted QDRO should specify how to treat these unvested amounts—foregone entirely, or awarded if they vest post-divorce with continued employment.

