Employer Contributions and Vesting Schedules
Many employers make matching or discretionary contributions to a 401(k). But not all of those contributions fully belong to the employee until they’ve reached certain milestones. This is the vesting schedule. If the divorcing employee isn’t fully vested, a portion of the balance may be forfeited if they leave the company. Your QDRO must address:
- Whether the alternate payee receives only the vested portion
- Whether non-vested funds are included and subject to reallocation
A good QDRO should protect the alternate payee from being assigned non-vested funds unless specifically intended.

