Vesting Schedules and Unvested Funds
Vesting refers to how much of the employer contributions a participant actually owns. If a participant is not 100% vested at the time of divorce, a portion of the employer-provided funds may not be divisible with the former spouse. The QDRO should clearly specify whether unvested funds will be included or excluded, and what happens if vesting increases post-divorce (e.g., due to continued employment).
Ask the plan administrator to provide a vesting schedule and current vested balances to avoid surprises in your calculations.

