Vesting Schedules and Unvested Amounts
Employer contributions are often subject to a vesting schedule. Although the employee’s own contributions are always fully vested, the company matching or profit-sharing portions may not be. If your divorce agreement awards 50% of the account to an alternate payee (usually the ex-spouse), the QDRO must clarify whether that share applies only to vested assets or includes a future share if the participant vests further. Be cautious: unvested amounts are often forfeited if the employee leaves the company.

