1. Vesting Schedules and Employer Contributions
One major issue in 401(k) QDROs is the vesting schedule. While employee contributions are always 100% yours, employer contributions often require the employee to stay with the company for a number of years to become “vested.” If a divorce occurs before full vesting, the marital estate might miss out on a portion of those employer contributions.
When dividing the Eac Design, Inc.. 401(k) Plan, it’s essential to determine what portion of the balance is vested and whether the QDRO should specify a percentage of the full account or just the vested share. Missteps here can cost the Alternate Payee thousands.

