Unvested Employer Contributions
Employer contributions in the The Sterling Group, L.p. 401(k) Profit Sharing Plan may be subject to a vesting schedule. This means the employee has to stay at the company for a certain number of years to fully “own” those funds. If the employee spouse hasn’t met those requirements at the time of divorce, some of the employer contributions may not be divisible through the QDRO.
Therefore, the QDRO should specify whether the alternate payee gets a share of only vested funds or a share of all account balances with a provision to forfeit unvested amounts if the participant leaves employment before vesting is complete.

