Vesting Schedules and Unvested Balances
Some employer contributions may not be fully vested. If your spouse was still earning their employer match or profit-sharing at the time of divorce, a portion of the account might be unvested—meaning it’s subject to forfeiture if they leave the company. A QDRO can be drafted to divide only vested balances, or it can include provisions to share in any future vesting if allowed by the plan rules.

