Vesting and Forfeiture Clauses
Most 401(k) plans, including the Propersys Corporation 401(k) Plan, have employer contributions that vest over time. That means your spouse may not own all employer contributions immediately. When drafting the QDRO, you must be careful to only divide vested balances or specify a method for including future vesting of amounts earned during the marriage.
If employer contributions are not yet vested at the time of divorce, and they’re forfeited later, the non-employee spouse could lose claim to those dollars unless the QDRO is carefully written to address this possibility.

