Employer Contributions and Vesting
One of the first questions we address is: how much of the account is actually divisible? If the participant spouse has employer matching or profit-sharing contributions in their account, those funds may only be partially vested depending on years of service. Any unvested portion tied to the employer’s contributions may be forfeited and will not be payable to the alternate payee (the non-participant spouse). Your QDRO must reflect vested versus non-vested amounts clearly to avoid delays or errors.

