Unvested Employer Contributions
401(k) plans often include company contributions that are subject to a vesting schedule. This means that only a portion of employer contributions may be available to divide at the time of divorce. You’ll need the plan’s most recent vesting status to determine what the participant is eligible to keep or transfer. Keep in mind that unvested portions are forfeited if the employee leaves the company before vesting is complete and cannot be assigned by QDRO.

