Vesting and Employer Contributions
A key issue in many QDROs for 401(k) plans is vesting. While employees are always 100% vested in their own payroll contributions, the same is not true of employer contributions. Plans like the Casa, Inc.. 401(k) Plan may follow a vesting schedule for matching or profit-sharing contributions. If the employee isn’t fully vested at the time of divorce, the unvested portion may be forfeited—so the QDRO should be written carefully to avoid assigning more than what actually exists.

