Unvested Employer Contributions
This plan likely includes profit-sharing contributions by the employer that are subject to a vesting schedule. That means your spouse may not own the full amount listed in the account on paper. If you’re the alternate payee, your QDRO should separate the marital portion of only the vested funds—unless both parties agree otherwise. In some cases, we draft QDROs that include post-divorce vesting, but only with specific language in your divorce judgment.

