Vesting and Forfeitures
401(k) plans often include employer-matching contributions that are subject to vesting schedules. If the participant isn’t fully vested, a portion of the employer contributions may be forfeited if they leave the employer. We recommend including conditional QDRO language like:
“The Alternate Payee shall receive 50% of the Participant’s vested account balance as of [date].”
This way, the alternate payee doesn’t receive more than the participant is entitled to under the plan rules.

