Vesting Schedules and Employer Contributions
Many 401(k) plans include employer contributions that are subject to a vesting schedule. For the Cirrus Systems 401(k) Plan, if the participant is not fully vested, a portion of the account may not be available for division. In a QDRO, you must be clear about whether the alternate payee is receiving:
- Only the vested portion as of the date of division, or
- A percentage of whatever becomes vested in the future
Make sure your QDRO clearly addresses these options based on the divorce settlement and the plan’s rules.

