Vesting Schedules and Forfeitures
In 401(k) plans like the Grand Care Health Services LLC- 401(k) Plan, employer contributions are often subject to a vesting schedule. If the employee hasn’t met the full vesting requirements by the time of divorce, the unvested portion of employer contributions may be excluded from the QDRO calculation. When drafting your QDRO, make sure the order addresses:
- Whether only vested balances as of the valuation date are included
- Whether future vesting is considered (generally not permitted in most plans)

