Employer Contributions and Vesting
One of the most important issues in QDRO drafting for 401(k)s is understanding what portion of the account is considered “vested.” Employer contributions to the Motor Power Equipment Retirement Savings Plan may be subject to a vesting schedule. This means if the participant has not worked for Motor power equipment Co. long enough, some portion of the employer contributions may not be part of the divisible plan benefits.
Pro tip: Make sure the QDRO only applies to vested funds or clearly states how unvested funds should be treated. If you award your client a percentage of the total balance, including unvested funds, you may run into problems if those amounts are later forfeited.

