Employer Contributions and Vesting
Many 401(k) plans include employer matching contributions that are subject to a vesting schedule—meaning the employee has to stay with the company for a certain number of years to fully own those contributions. Unvested amounts are not subject to division, and any portion of the employer’s contributions that isn’t vested as of the division date is typically forfeited. Your QDRO should explicitly state that only vested employer contributions as of the division date are included in the award.

