Unvested Employer Contributions
In many 401(k) plans, employers contribute matching or discretionary funds, but those contributions are often subject to a vesting schedule. If part of the account comes from unvested employer contributions and the employee spouse leaves the company before full vesting, some of those funds may be lost (forfeited). A well-drafted QDRO should account for this. You can state that the alternate payee receives a percentage only of the vested balance as of a specific date, or future vesting can be included if proper language is used.

