Vesting Schedules
Employer contributions often have a vesting schedule. That means the employee may not be fully entitled to all employer contributions at the time of divorce. It’s important that your QDRO only assigns a share of the vested balance, or clearly defines what happens to non-vested portions.
If a former spouse is awarded a portion of the unvested employer match, and the plan participant leaves the company before those funds vest, those amounts can be forfeited. That’s why proper drafting and language in the QDRO matters.

