Unvested Employer Contributions
401(k) plans often include both employee contributions (which are always 100% vested) and employer contributions that may be subject to a vesting schedule. If the employee hasn’t met the time requirements, some of those employer contributions may be forfeited. Your QDRO must account for vested versus unvested funds—especially if the alternate payee’s share is phrased as a percentage of the total account. A poorly drafted QDRO could award amounts that are no longer in the plan.

