1. Vesting Schedules and Unvested Employer Contributions
This plan likely includes both employee contributions (which are always fully vested) and employer profit-sharing or match contributions. Employer contributions often follow a vesting schedule based on years of service. When writing your QDRO, it’s crucial to specify whether the alternate payee is entitled to:
- Only the vested portion as of the divorce or QDRO date
- Future increases in vesting that would occur if the employee continues working post-divorce
If the QDRO isn’t precise, you may end up fighting over unvested dollars—or worse, not receiving funds you thought you were entitled to.

