1. Vesting Schedules for Employer Contributions
If your spouse received matching or profit-sharing contributions from After, Inc., those contributions may not be fully vested at the time of divorce. That means they might not belong to the participant entirely—yet. The QDRO must address how to deal with partially vested funds. For example:
- If the employee only owns 60% of employer contributions, should the alternate payee receive 60% of that portion, or wait until more becomes vested?
- Should the QDRO include a provision to recalculate the share later as vesting increases?
Without specific language, the alternate payee may get less—or nothing at all—if employer contributions remain unvested and later get forfeited.

