Understanding Vesting Schedules
One unique issue with 403(b) plans handled like 401(k)s is that employer contributions are often subject to a vesting schedule. That means the participant earns rights to the employer contributions over time. If your QDRO attempts to divide unvested contributions, the alternate payee (usually the ex-spouse) may not receive the full amount listed unless the vesting provisions are clearly addressed in the order.
When drafting your QDRO, we review whether the employee was fully vested in employer contributions as of the cutoff date in the divorce, and we craft the order to address any portion that could later be forfeited.

