Vesting Schedules and Forfeited Amounts
Employer contributions to the participant’s 401(k) account may be subject to a vesting schedule. That means some of the funds may not be immediately owned by the participant and could be lost if the participant leaves the company before hitting certain employment milestones.
A well-drafted QDRO for this plan should specify whether the alternate payee is receiving a portion of the participant’s total account balance, or just the vested portion. It should also clarify whether the alternate payee shares in forfeitures if the participant later loses unvested funds.

