Employee and Employer Contributions
This plan likely includes employee deferrals and employer matching contributions. Employee contributions are fully vested immediately, but employer contributions may be subject to a vesting schedule. If the participant isn’t 100% vested, the alternate payee cannot receive the unvested portion, and these amounts may eventually be forfeited.
We recommend you include language in the QDRO addressing what happens to any forfeited amounts. Sometimes, courts allocate the full available balance at time of distribution instead of the date-of-divorce balance if vesting isn’t complete.

