Vesting and Forfeitures
We often see 401(k) plans like the Settle Inc.. 401(k) Plan use graduated vesting schedules, particularly for employer matching contributions. A participant who leaves employment early may forfeit a portion of the employer-contributed funds. The QDRO should clearly state whether the alternate payee is awarded a portion of the account valued on the date of divorce or distribution, and whether unvested amounts should be included if they become vested post-divorce.

