Vesting Schedules & Forfeitures
401(k) plans like The Contractors Retirement Plan typically have employer contributions subject to a vesting schedule. That means the plan participant must work a set number of years before the employer’s contributions become fully owned. If your divorce occurs before those rights are fully vested, the unvested portion can’t be awarded—or can be, but may later be forfeited by the alternate payee if the employee leaves.
Make sure your QDRO protects the alternate payee by referencing the percentage of only the vested account balance as of an agreed date. A poorly written QDRO may mistakenly award unvested amounts that subsequently disappear, leaving one spouse unfairly short-changed.

