Vesting Schedules and Forfeitures
This plan may have a vesting schedule for employer contributions. That means only a portion of the employer’s contributions may be owned by the participant at the time of divorce. When drafting your QDRO, it’s vital to identify:
- Whether the participant is fully vested in employer contributions
- How unvested amounts are treated if forfeited after divorce
- Language in the QDRO addressing future vesting or limiting the alternate payee to only vested amounts
Most QDROs for 401(k) plans like the Palmer Trinity School 403(b) Dc Plan restrict the award to only vested funds, unless otherwise stated.

