1. Vesting Schedules
In many 401(k) plans, employer contributions are subject to a vesting schedule. That means your spouse may not own all the funds in the account yet. Any unvested amounts may be forfeited if the employee leaves the company before meeting the plan’s vesting requirements.
When drafting a QDRO, we clarify whether the Order applies to only vested amounts or whether it should also include future vesting of benefits accrued during the marriage. This impacts what the alternate payee is entitled to receive.

