Vesting Schedules and Employer Contributions
401(k) plans often include employer contributions that may not be fully “vested” yet. In plain terms, this means the employee doesn’t truly own all the employer dollars until they’ve stayed on the job for a certain period. If you’re dividing the Kainos Home and Training Center Defined Contribution Plan, make sure the QDRO specifies whether unvested amounts are excluded or subject to future vesting.
Important QDRO drafting questions include:
- Should the alternate payee receive only fully vested amounts as of the divorce date?
- Do you want to include future vesting, and if so, how should those amounts be divided?
This is a vital discussion that affects how much the non-employee spouse will receive.

