Employer Contributions and Vesting Schedules
401(k) plans often include employer matches that are subject to a vesting schedule. It’s important to note that an alternate payee is only entitled to the portion of employer contributions that were vested as of the date of divorce (or another agreed-upon date). If the participant was not fully vested, the unvested portion will typically be forfeited and cannot be assigned.
This means you must obtain the participant’s most recent statement showing vested balances—or have language in your QDRO that limits distribution to the vested portion only.

