Vesting of Employer Contributions
401(k) plans often include employer-matching or profit-sharing contributions that don’t fully vest right away. If your spouse has unvested amounts, those cannot usually be awarded in a QDRO. The East River Family Strengthening Collaborative 401(k) Plan is likely to have a vesting schedule typical of general business employers (commonly five or six years of service).
We ensure that the calculation of your share only includes vested amounts and clarify in the QDRO what happens if the participant gains more service credit before funds are divided.

