Vesting Schedules and Forfeited Employer Contributions
Employer contributions might be subject to a vesting schedule. If your spouse isn’t fully vested at the time of divorce, some of those employer contributions may not be considered marital property. It’s critical to know your spouse’s vesting percentage on the date set for division—often either the date of separation or divorce.
Unvested portions can revert back to the plan sponsor and won’t be transferred to the alternate payee. Knowing which contributions are eligible will impact the QDRO drafting and the amount the alternate payee will receive.

