Vesting Schedules and Employer Contributions
Employer contributions in the Downey & Lenkov LLC 401(k) Plan are typically subject to a vesting schedule, meaning some funds may not fully belong to the employee when the divorce takes place. When dividing the account, the QDRO must clearly distinguish between:
- Fully vested employer contributions, which are available for division
- Unvested portions, which may be forfeited if the employee leaves the company
This affects the alternate payee’s share significantly. An experienced QDRO attorney will make sure only vested assets are included—or request language allowing post-divorce adjustments if vesting occurs later.

