Vesting Schedules and Forfeitures
Employer contributions in the Dynasty Enterprises, Corp.. 401(k) Plan may be subject to vesting rules. Only the vested portion can legally be awarded in a QDRO. For example, if your spouse worked for the company for a short period, a large part of the employer match may not yet be vested—and that unvested portion could be lost once the divorce is final.
The QDRO should clarify whether only vested funds are being divided, or if there will be a delayed calculation to see what eventually becomes vested. We’ve seen costly mistakes in QDROs that ignore vesting issues, so make sure this is reviewed carefully.

