1. Vesting Schedules & Forfeitures
Employer contributions to a 401(k) often follow a vesting schedule. If a participant isn’t fully vested at the time of divorce, some of the employer’s contributions may be forfeitable. That means the alternate payee may not be entitled to receive that portion. The QDRO must define how vested and non-vested monies are treated and whether the alternate payee’s portion is fixed at the time of division or adjusted later if vesting increases.

