Vesting Schedules and Unvested Employer Contributions
401(k) profit sharing plans often include employer contributions that follow a vesting schedule. This means that not all employer contributions may be fully owned by the employee at the time of divorce. For the Msl, P.a. 401(k) Profit Sharing Plan, a QDRO can only divide vested amounts—unvested funds may be forfeited if the employee leaves the employer before fully vesting.
Your QDRO should clearly specify that you are only awarded vested balances or, if appropriate, provide a method for calculating potential future vesting. Not doing so is one of the most commonQDRO mistakes we see.

