Employer Contributions and Vesting
Employer contributions may have a vesting schedule. This means the participant must work for a certain period to fully “own” those contributions. If the participant hasn’t met the vesting schedule, some of the employer’s contributions may not be divisible—or they may be forfeited if the participant leaves employment.
A QDRO for the Kay Builders, Inc.. 401(k) Plan and Trust must clearly state that only “vested” amounts are subject to division. If the court order mistakenly includes unvested amounts, the plan administrator will likely reject it.

