1. Vesting of Employer Contributions
Most 401(k) plans include both employee and employer contributions. While employee contributions are always fully vested (meaning the employee owns them), employer contributions may be subject to a vesting schedule. If your spouse hasn’t worked long enough at Footprint, LLC 401(k) plan to fully vest, a portion of those employer funds may be forfeited—and not available for division.
Your QDRO must clearly account for this. We recommend using clear language that includes or excludes unvested funds based on the divorce agreement. Don’t assume what’s in the account today reflects only vested balances.

