Employer Contributions and Vesting
One of the biggest issues in dividing a 401(k) plan like the Frontier Environmental Retirement Savings Plan is the vesting status of employer contributions. While employee contributions are always 100% vested, employer contributions are often subject to a vesting schedule. If your spouse isn’t fully vested at the time the QDRO is filed, only the vested portion can be divided.
Unvested employer contributions can also be forfeited upon termination, so the timing of the divorce and QDRO filing can be critical. You’ll need to request a current breakdown of vested vs. unvested assets from the plan administrator before drafting your QDRO.

