Contributions and Vesting
401(k) plans like the Manpower of Lansing, Michigan, Inc.. 401(k) Plan often include both employee contributions and employer-matching contributions. Only the vested portion of employer contributions is considered divisible marital property. If contributions by the employer are subject to a vesting schedule, it’s essential to determine how much is actually vested as of the marital cut-off date.
Any unvested portion will likely be forfeited if the employee leaves before full vesting, which affects how much the alternate payee can receive. Including language in the QDRO that addresses forfeiture in the event of unvested amounts is critical.

