Unvested Employer Contributions
If you’re dividing the Engineering Consulting Services, Ltd.. 401(k) Retirement Plan, remember that employer contributions may be subject to a vesting schedule. That means not all of the funds may fully belong to the participant at the time of divorce. If your QDRO tries to award the alternate payee a portion of unvested funds, and those contributions are later forfeited, the alternate payee may receive less than expected.
We recommend the QDRO either:
- Divide only the vested portion as of a specific valuation date, or
- Use a post-judgment tracking formula that accounts for future vesting events

