1. Vesting Schedules for Employer Contributions
The plan likely includes employer profit-sharing or matching contributions, but not all of them may be fully vested. That means the employee might not be entitled to the full balance at the time of the divorce. A QDRO must carefully state that only vested funds as of the marital division date will be divided.
We also clarify in our QDRO language whether the alternate payee is entitled to gains/losses on those amounts or only the balance as of the specific cutoff date.

