Employer Contributions and Vesting Schedules
401(k) plans typically include both employee deferrals and employer contributions. However, not all employer contributions are immediately vested. In corporate 401(k) plans like the Success Computer Consulting, Inc.. 401(k) Plan, there may be a vesting schedule attached to matching or profit-sharing dollars.
Unvested amounts cannot be awarded to an alternate payee through a QDRO. When drafting your order, it’s critical to obtain a vesting statement from the plan administrator to know exactly what portion is eligible for division. If the divorce isn’t final yet, timing can be crucial. A participant may vest in additional funds by continuing to work for the company—a detail that can significantly impact award amounts.

