Vesting Schedules
If employer contributions were made on behalf of the employee spouse, it matters whether those amounts are vested. Unvested portions may be forfeited if the employee leaves the company, and a QDRO cannot assign funds that aren’t actually the employee’s yet. During divorce, it’s critical to:
- Check the vesting schedule—usually based on years of service.
- Determine whether employer contributions are partially or fully vested.
- Exclude unvested employer funds in the QDRO, unless vesting is expected soon.

