1. Vesting Schedules
Employer contributions may be subject to a vesting schedule. If the employee spouse hasn’t reached full vesting, some of the employer funds might be forfeited if they leave the company. The QDRO should clearly state whether it covers only vested amounts or includes future vesting rights.
Example: You may want the order to say, “The alternate payee shall receive 50% of the vested account balance as of the date of divorce.” That way, any future employer contributions stay with the employee spouse.

