Employer Contributions and Vesting Schedules
Most 401(k) plans include both employee contributions (which are always 100% vested) and employer contributions (which may be subject to a vesting schedule). If the participant is not fully vested in employer contributions at the time of divorce, a portion of the employer money may be forfeited. It’s critical that your QDRO references only the vested balance — or clearly allocates unvested amounts subject to forfeiture back to the participant. Ask for the latest participant statement and a copy of the Summary Plan Description (SPD) to confirm the vesting rules.

