Unvested Employer Contributions
One of the biggest traps with 401(k) QDROs is dividing amounts that aren’t fully vested. The employer may make matching or profit-sharing contributions, but those funds might not be 100% yours unless you’ve worked long enough to meet the vesting schedule.
For example, if a participant in the Dc Wellness 401(k) Plan has only worked a few years and the plan uses a 6-year graded vesting schedule, a portion of the employer contributions could be unvested. Without proper language, the alternate payee may never receive these funds.
To address this, QDROs can include provisions to assign a share of only the “vested balance” or potentially include a “shared risk and opportunity” clause so both spouses share the upside of any future vesting.

