1. Vesting Schedules and Unvested Funds
Most 401(k) plans include both employee contributions (which are always 100% vested) and employer contributions (which may be subject to a vesting schedule). If you’re dividing the 403(b) Thrift Plan of Human Development Commission, it is critical to determine how much of the employer contributions are vested at the time of division.
QDROs typically only award the vested portion, so if the participant hasn’t worked long enough to meet the vesting schedule, the alternate payee may receive less than expected. Your QDRO should make clear whether the division will be based on:
- Only vested balances as of the date of division, or
- All balances with forfeitures excluded later by the plan

