Vesting Schedules and Unvested Employer Contributions
Most 401(k) plans include both employee and employer contributions. While the employee’s own contributions are always 100% vested, employer contributions may be subject to a vesting schedule. This means a portion of the employer match may not yet belong to the employee and could be forfeited upon job separation.
When drafting a QDRO for the Harvey Industries, LLC 401(k) Plan, it’s important to:
- Request the participant’s vesting schedule from the plan administrator
- Specify in the QDRO whether only vested funds are being divided
- Address whether to divide the account as of a specific valuation date, or include future contributions up to divorce or plan distribution

