Vesting Schedules and Unvested Balances
One of the biggest mistakes people make is assuming they’re entitled to half of everything in the account. The reality is more complex. In 401(k) plans like the Mayflower Distributing 401(k) Plan, employer contributions may be subject to a vesting schedule. Only vested amounts at the date of division (usually the date of separation or divorce) are eligible for division.
Any unvested amounts will typically be forfeited if the employee spouse is not fully vested, so they are usually not included in the alternate payee’s share. A correctly drafted QDRO accounts for this by using valuation and division terms based on vested values.

