Vesting and Benefit Accrual
One of the first things to look at in a defined benefit QDRO is whether the participating spouse (known as the “participant”) is vested in their benefits. Many defined benefit plans have service-based vesting schedules—typically 5 years or more. If the participant hasn’t met those conditions, the alternate payee (the non-employee spouse) may not be eligible for any portion of the benefit unless future vesting occurs.
Luckily, most QDROs for these plans allow language that’s conditioned on vesting—meaning the alternate payee will receive benefits if and when vesting occurs. This makes drafting the QDRO accurately even more important.

