1. Vesting Schedules and Forfeited Amounts
One of the most misunderstood aspects of 401(k) plans in divorce is the employer contribution vesting schedule. In the Case Medical, Inc. 401(k) Plan, employer contributions may not be 100% vested at the time of your divorce. If your spouse leaves employment before becoming fully vested, some of the employer contributions could be forfeited—meaning they can’t be divided or accessed at all.
A good QDRO will account for this by assigning benefits based only on the vested balance or will clearly state what happens if the employee forfeits unvested funds after the divorce.

