Vesting Schedules and Unvested Employer Contributions
With 401(k) plans like the Aaa Roofing Co.., Inc.. 401(k) Plan, employer contributions are often subject to a vesting schedule. This means the employee earns rights to the funds over time. In a divorce, only the vested portion of the account can typically be divided.
Unvested amounts are usually forfeited if the employee leaves before becoming fully vested. A QDRO should clearly state that the alternate payee is entitled only to the vested balance as of a specific date—often the date of separation or divorce filing.

