Vesting Schedules and Employer Contributions
One issue specific to the Mid-atlantic Infrastructure Systems, Inc.. 401(k) Profit Sharing Plan is employer contributions subject to vesting. If the employee spouse has unvested employer contributions, those amounts may be forfeited if the employee leaves the company or doesn’t meet the required service period. That means an alternate payee may not receive a share of the forfeited funds, even if they were earned during the marriage.
A properly worded QDRO should explain how to handle these situations. Some state divorce courts divide only vested amounts, while others may order equal division regardless of vesting—though the plan will only distribute what is actually available.

