Vesting Schedules and Employer Contributions
401(k) plans often include contributions made by both the employee and the employer. However, employer contributions are frequently subject to a vesting schedule—meaning not all funds are owned outright by the employee until certain milestones are reached. If your spouse isn’t fully vested at the time of divorce, the amount you can receive as the alternate payee could be limited. Unvested portions typically cannot be included in a QDRO unless specifically stated otherwise.

