Vesting of Employer Contributions
401(k) profit sharing plans often include employer matching or discretionary contributions. These funds may be subject to a vesting schedule. This means the employee doesn’t fully own that portion of the account until they’ve worked at the company for a certain number of years. In your QDRO, you can only assign the vested portion. If the participant is not fully vested, the unvested balance may eventually be forfeited unless they remain with the company long enough.

