Vesting Schedules: Know What’s Off the Table
Employer contributions often follow a vesting schedule. This means even though an employer has contributed a certain amount, the participant hasn’t truly “earned” that part yet unless they’ve worked for the organization long enough. Unvested employer contributions are typically not part of the divisible account balance—even if your divorce judgment doesn’t specifically mention it.
When drafting the QDRO, it’s critical to request information about the participant’s vesting status to avoid counting unvested amounts in the awarded share.

