Vesting Schedules and Forfeiture Rules
Employer contributions are often subject to a vesting schedule, especially in corporate-sponsored plans like the Ksa Keller & Son 401(k) Plan. If a participant is not fully vested at the time of division, the non-vested portion might be excluded from the alternate payee’s distribution. This needs to be addressed in the QDRO. A well-drafted order can state explicitly that the alternate payee is entitled only to vested contributions as of a certain date (e.g., the divorce date or a date set by the court).

