Vesting Schedules and Forfeited Employer Contributions
Many 401(k) plans like the Thurgood Marshall College Fund 403(b) Tda Plan involve employer contributions that vest over time. This means a portion of the employer contributions may not belong to the employee unless they’ve worked for the company long enough.
In a divorce setting, it’s essential to determine:
- Which portions of the account are fully vested
- Whether non-vested portions will be forfeited
- Whether gains and losses should be assigned from the date of divorce to distribution
If the employer portion hasn’t vested yet, the QDRO can be drafted to assign only vested amounts or conditionally assign future vested funds.

