Vesting and Employer Contributions
Most 401(k) plans have two kinds of contributions: employee deferrals and employer match/profit-sharing. One major issue: employer contributions often have a vesting schedule. If the employee isn’t fully vested, some of those employer funds may be forfeited after the divorce.
When dividing the Excel Machinery, Ltd.. 401(k) Profit Sharing Plan, it’s crucial to:
- Request a breakdown of vested and unvested funds at the time of divorce
- Make sure the QDRO only awards what is legally available (i.e., vested funds)
- Consider whether the alternate payee should share in future vesting (they usually can’t)

