Employers’ Contributions and Vesting Schedules
401(k) plans usually include employee contributions (which are always 100% vested) and employer contributions (which vest over time). If the participant hasn’t met vesting requirements, the alternate payee cannot receive that unvested portion. This is why timing matters. If you divorce just before full vesting, the alternate payee might receive a smaller share.
When drafting the QDRO, it’s important to specify how to divide contributions—either all plan assets or only vested funds as of a specific date. We typically recommend basing the division on the marital period to ensure fairness.

