Unvested Employer Contributions
Not all “retirement account dollars” are fully owned by the employee. The The Scott Fetzer Hourly Employee 401(k) Plan may follow a vesting schedule for employer-paid contributions. For example, the employee might become 20% vested per year over five years. If the employee leaves the company before they’re fully vested, a portion of the employer-funded contributions could be forfeited—meaning they’re not available to divide with a former spouse.
When drafting the QDRO, we work with clients to understand the vesting timeline. This helps determine whether it’s fair or practical to divide employer matches, and how to word the QDRO to address potential forfeitures.

