Vesting Schedules
Employer contributions in 401(k) plans often come with a vesting schedule. This means not all of the employer’s contributions may belong to the employee at the time of divorce. For example, if a participant only has 60% of employer contributions vested, only that portion is divisible. Unvested funds may be forfeited and are not subject to division. A good QDRO will calculate how much of the employer’s contributions are actually subject to the order based on the participant’s vesting status on the specified division date.

