Vesting Schedules and Forfeited Amounts
401(k) profit sharing plans often include employer contributions that are subject to vesting. Only the vested portion of the employer contribution is divisible under a QDRO. If the employee spouse has not met the plan’s vesting conditions at the time of divorce, the non-employee spouse could lose a portion of that benefit.
Make sure your QDRO accounts for vesting: some plans will award the alternate payee only the vested portion as of the date of division; others allow the alternate payee to receive future vesting based on the employee’s continued service. We help our clients navigate plan-specific rules to draft the most advantageous order possible.

