Vesting and Forfeited Employer Contributions
401(k) plans often include employer contributions that are subject to a vesting schedule. If your spouse isn’t 100% vested at the time of divorce, part of their employer contributions may be forfeited when they leave their job. If you’re the alternate payee, you need to make sure the QDRO specifies whether you’re entitled to just the vested portion or a portion of all employer contributions, regardless of forfeitures.
It’s also important to clarify whether forfeited amounts should be reallocated to the alternate payee if the participant later becomes fully vested due to continued service or retroactive adjustments.

