Employer Contributions and Vesting
401(k) plans often include employer matches—but those are typically subject to vesting schedules. If the participant spouse is not fully vested, the non-participant spouse may only be entitled to a portion of the account balance. QDROs need to accurately state whether the award includes or excludes unvested funds. Watch out for:
- Cliff vesting or graded vesting schedules
- Forfeiture of unvested employer contributions
- Explicit language to exclude non-vested amounts if that’s the couple’s agreement

