Vesting and Employer Contributions
Employer contributions to 401(k) plans often come with vesting schedules. This means that if the employee spouse hasn’t met the required years of service, some of those contributions may not belong to them—and therefore cannot be divided in divorce. When drafting a QDRO for the W. E. Aubuchon Co.., Inc.. 401(k) Retirement Plan, we always verify which funds are 100% vested.
Unvested employer contributions should not be included in the QDRO award to avoid delays or failed order acceptance.

