Vesting Schedules and Employer Contributions
Vesting refers to how much of the employer’s contributions the employee actually owns. Many 401(k) plans use a graded or cliff vesting schedule. If a participant is not fully vested, the non-vested portion is not marital property and cannot be awarded to the alternate payee (usually the non-employee spouse).
It’s critical to determine what portion of the account is vested as of the date of the marital separation or another division date you and your attorney select. The QDRO should clearly address how to treat partially vested amounts and what happens if the employee becomes fully vested later.

