401(k) Vesting and Employer Contributions
If the plan includes employer matching or profit-sharing contributions, those funds may be restricted by a vesting schedule. In divorce, only the vested balance can be transferred to the alternate payee (typically the non-participant spouse). It’s critical to confirm what portion of the account is vested as of the division date set in the QDRO. An order cannot grant more than what is vested unless the court specifically awards it and the plan allows such treatment (rare).

