Vesting Schedules
If the plan includes employer contributions (such as matching or profit-sharing), it probably follows a vesting schedule. Only the vested portion of the employer contribution can be divided in a QDRO. Any unvested amounts generally return to the plan—not to the participant or the alternate payee—if the employee leaves the company before full vesting.
That’s why it’s critical to determine the participant’s vesting status on the date of division. If this isn’t properly clarified in your QDRO, you could wind up with a smaller (or delayed) share than expected.

