Vesting and Forfeiture Rules
401(k) plans like the Nexum, Inc.. 401(k) Plan often include an employer contribution component that’s subject to vesting schedules. This means not all of the employer match is immediately owned by the participant. When dividing the plan via QDRO, it’s essential to identify:
- What’s fully vested and what’s not
- Whether the alternate payee will receive only vested amounts or a percentage of potential future vesting
- How forfeitures will be handled
Usually, QDROs award only vested amounts as of a certain date (like the date of separation or divorce). Be cautious if you plan to divide on a percentage basis, as this could accidentally include non-vested shares unless the wording is precise.

