Vesting Schedules and Unvested Employer Contributions
Many 401(k) plans—including the Mako Delivery Service Inc.. 401(k) Plan—include employer contributions that are subject to vesting. This means not all contributions may be available for division unless they are fully vested by the time of divorce. If the employee-spouse is only partially vested, the QDRO must carefully allocate only the vested portion unless otherwise negotiated in the divorce settlement.
Unvested funds may be forfeited if the employee leaves the company before achieving full tenure. A QDRO cannot force the release of unvested funds, so make sure you understand the current vesting schedule before drafting.

