Unvested Employer Contributions
Like many 401(k) plans, the Conequip Parts and Equipment, LLC 401(k) Plan likely includes both employee deferrals and employer contributions. These employer contributions may be subject to a vesting schedule. That means some of the participant’s account balance may not be fully owned by the employee at the time of divorce.
An important part of QDRO drafting is making sure the alternate payee will only receive the vested portion of the account—not unvested contributions that may be forfeited later if the participant leaves the company.

