1. Vesting Rules and Forfeitures
With 401(k) plans, employer contributions may be subject to a vesting schedule. That means the employee only earns rights to those employer contributions over time. If your ex isn’t 100% vested yet, you can’t divide amounts they don’t own. That non-vested portion may be forfeited if they leave or are terminated.
When preparing a QDRO for the Resources for the Future, Inc.. 401(a) Retirement, we make sure to account for vesting status as of the valuation date. This ensures the alternate payee doesn’t receive more than they’re legally entitled to—or less than what they should.

