Vesting and Forfeitures
Employer contributions in a 401(k) plan may be subject to a vesting schedule, meaning the participant must remain employed for a certain number of years to keep those funds. If you’re the alternate payee, you can only receive a share of vested balances. The QDRO should be drafted carefully to either:
- Divide only the vested portion of the participant’s account as of a specific valuation date, or
- Include language that allows for potential post-divorce vesting, depending on what the plan permits.

