1. Vesting of Employer Contributions
Employer contributions to a 401(k) plan like the Brock & Scott Pllc 401(k) Profit Sharing Plan and Trust may be subject to a vesting schedule—typically based on years of service. This means part of what’s in the account may not be fully owned by the employee yet. The QDRO should specify how unvested funds are treated. The non-employee spouse (alternate payee) should receive only the portion of employer contributions that were vested as of a specific date (commonly the date of separation or divorce filing).

