1. Employer Contributions and Vesting Schedules
Like most 401(k) plans, the Carlisle and Affiliated Companies 401(k) Plan may include both employee contributions (which are always fully vested) and employer contributions (which may be subject to a vesting schedule). During a divorce, only the vested portion of the employer’s contributions can be awarded to the alternate payee.
If your divorce occurs before the participant is fully vested, it’s critical that your QDRO accounts for that. You can include language that awards a proportionate share of any later vesting, or you can limit the award to the vested balance as of a set date. Either way, clear drafting is required to prevent disputes or disallowed awards later.

