Employer Contributions and Vesting
Employer contributions in the Lhp, Inc. 401(k) Plan likely follow a vesting schedule. That means part of what’s in the account may not be fully owned by the employee yet. If a portion of the account is unvested at the time of divorce, the QDRO needs to address how to handle future vesting and possible forfeiture of unvested funds.
Options include:
- Freezing the alternate payee’s share based on what’s vested as of the date of division
- Allowing proportional sharing of future vested contributions

