Employer Contributions and Vesting Schedules
One of the most common problems that comes up with 401(k) plans like the West Virginia University Research Corporation 403b Defined Contribution Plan is vesting. Some employer contributions may not be fully vested at the time of divorce. This means the employee spouse hasn’t yet earned the full value of the employer match.
It’s critical to determine which funds are “vested” (kept) versus “non-vested” (forfeited later if the employee leaves). A QDRO can be written to divide only the vested portion or to include a provision stating that the alternate payee (the non-employee spouse) receives a share of future vesting if allowed by the plan rules. You need to review the Plan’s Summary Plan Description or request a benefit calculation from the plan administrator during your divorce.

