Whether the Money is Vested or Not
Employer contributions in the Primary Behavioral Health 401(k) Plan likely follow a vesting schedule. That means an employee must work for a certain number of years to “own” the contributions made by the employer. If part of the employer contributions aren’t vested at the time of divorce, the alternate payee (usually the non-employee spouse) can’t receive that portion. Your QDRO should clearly state that only vested funds are to be divided—and should clarify how to handle future vesting, if applicable.

