1. Vesting Schedules and Forfeitures
In most corporate 401(k) plans, the employer contributions are subject to a vesting schedule. That means if the employee hasn’t worked long enough under this plan, a portion of the employer-funded benefits may be forfeited—even in divorce.
For example, if the participant only has 40% vested in employer contributions and the QDRO mistakenly awards 50% of the total balance (instead of just the vested portion), the alternate payee could end up with less than expected. That’s why we carefully review vesting schedules before drafting the QDRO.

