Employer Contributions and Vesting
Many 401(k) plans include employer matching or profit-sharing contributions that follow a vesting schedule. That means if the employee hasn’t stayed with the company long enough, some of the employer contributions may be forfeited after a divorce.
In QDROs for the Lucky Cab Co.. of Nevada 401(k) Plan, it’s essential to determine what portion of the account balance is vested versus unvested. Only the vested balance can be divided between spouses. Because these contributions may change over time due to continued employment and vesting, the valuation date written in the QDRO becomes critically important.

