1. Vesting Schedules and Unvested Employer Contributions
401(k) plans often include employer contributions that are subject to vesting schedules. If your spouse hasn’t worked with Cates control systems, Inc.. 401(k) plan long enough to be fully vested, only part of the employer-funded account balance may be distributable to the alternate payee.
A good QDRO will account for this by:
- Specifying how to deal with unvested amounts
- Defining cut-off dates for determining account value and vesting percentages
- Avoiding language that unintentionally awards non-existent funds

