How Are Employer Contributions Handled?
In most 401(k) plans, the employer makes matching or discretionary contributions. However, these contributions are often subject to a vesting schedule. If the participant isn’t fully vested at the time of divorce, the non-vested portion may eventually be forfeited if the employee leaves before vesting fully. Your QDRO must address whether the alternate payee shares in only the vested portion as of the divorce date or if their share should include any future vesting.

