Employer Contributions and Vesting Schedules
Not all funds in a 401(k) are immediately “vested.” That means if the employer made matching or profit-sharing contributions, those might be subject to a vesting schedule. If the employee hasn’t worked long enough at Hamilton southeastern utilities, Inc../samco 401(k) plan to become fully vested, part of the balance could be forfeited and therefore not divisible.
When drafting the QDRO, it’s important to:
- Confirm how much of the balance is currently vested
- Clarify whether the alternate payee is entitled only to vested amounts or a pro-rata portion of post-divorce vesting

