Unvested Employer Contributions
Many 401(k) plans include matching contributions from the employer. These contributions may be subject to a vesting schedule, meaning they aren’t immediately owned by the employee. If you’re seeking a share of the Dectrinity LLC 401(k) Plan in your divorce, it’s critical to account for any unvested balances and whether they should be included or excluded from the division.
QDROs must specify whether the alternate payee receives a share of only the vested balance or a portion of future vesting as it occurs. If the plan participant is close to full vesting, we often recommend adding conditional language to cover both possibilities.

