1. Vesting and Employer Contributions
Like many 401(k) plans, the D&l Roofing 401(k) Plan may include employer matching or discretionary contributions. These are often subject to a vesting schedule. You’re only entitled to the vested portion of the employer contributions as of the date of division (typically your divorce date).
If your spouse has unvested employer contributions, those funds will likely be forfeited unless they remain employed at the company long enough to meet vesting requirements. A well-drafted QDRO should address this and clarify whether the alternate payee (you) receives only the vested portion as of the division date.

