Unvested Employer Contributions
Many 401(k) plans, including those like the Family Physicians of Spartanburg 401(k) Plan, provide employer contributions on top of employee deferrals. But unlike employee contributions, employer money may be subject to a vesting schedule based on years of service.
If your ex-spouse isn’t fully vested at the time of divorce, they may lose those unvested funds—unless your QDRO is drafted to protect your share of the vested portion only. This is critical to address correctly in the order to avoid confusion or over-awarding benefits that will never pay out.

