1. Employer Contributions and Vesting Schedules
401(k) plans often include employer matches that are subject to vesting schedules. In the Assurant 401(k) Plan, any unvested employer contributions cannot be assigned in the QDRO since they are not the legally available property of the employee. Your order should clarify how to handle forfeitures: If part of the assigned amount becomes unvested and is later forfeited, will the alternate payee’s share be recalculated, or shall they still receive the originally designated portion from only the vested funds?

