1. Vesting Schedules and Employer Contributions
401(k) plans like the Erj Transportation Services, LLC 401(k) Plan may include both employee deferrals and employer matching or profit-sharing contributions. These employer contributions often have a vesting schedule—only the fully vested portion can be divided in a QDRO. Anything not vested usually reverts back to the plan if the employee leaves the company.
What this means for divorcing spouses: A QDRO can only assign the vested portion of the retirement account. If your divorce is finalized soon after employment began, the non-employee spouse might receive less than anticipated. We always recommend getting a copy of the participant’s vested balance from the plan administrator before drafting the QDRO.

