Vesting Schedules and Unvested Funds
If the plan includes employer contributions, you’ll need to know whether those contributions are fully vested. If the participant isn’t 100% vested at the time of divorce, the non-participant spouse may be awarded only the vested portion. Any unvested employer match or contribution can be excluded or subject to future contingencies in the QDRO.
Ask for a current benefit statement showing vested and unvested balances to ensure accuracy in your QDRO language. In most corporate plans, employer contributions vest over time, usually in annual increments.

