Vesting Schedules and Forfeitures
Most 401(k) plans include employer contributions that vest over time. If the participant spouse isn’t fully vested in employer matches, the QDRO can only divide the vested amount. Unvested employer contributions typically revert to the plan if the employee leaves before reaching a vesting milestone. A well-drafted QDRO should note the valuation date so both parties know exactly what’s being divided.

