Vesting Schedules and Unvested Funds
If the Exagrid Systems, Inc.. 401(k) Plan includes employer contributions, those contributions may be subject to a vesting schedule. This means that not all of the employer-funded portion of the account may belong to the employee at the time of divorce. When preparing a QDRO, it’s important to consider:
- What portion of the employer contribution is vested
- Whether the non-employee spouse is entitled to future vesting
- How to word the QDRO regarding unvested funds
We typically recommend drafting the QDRO to only apply to vested funds as of the cutoff date, unless otherwise negotiated in the divorce settlement.

