Vesting Schedules and Forfeitures
Unlike IRAs, 401(k) plans like the Ithiel Group 401(k) Profit Sharing Plan & Trust often have employer matching or profit-sharing contributions that are subject to a vesting schedule. This means not all account funds may be owned by the employee at the time of divorce. If the QDRO unintentionally allocates unvested funds, the alternate payee may receive less than expected if those funds are forfeited.
Our approach is to clearly state that any assigned funds should reflect only the vested portion of the employer contributions unless otherwise agreed upon. We can also include provisions that adjust for future vesting if that’s appropriate in your case.

