1. Employee and Employer Contributions
401(k) plans include two forms of contributions: those made by the employee (through salary deferrals) and those made by the employer. In most divorces, only the portion earned during the marriage is divided unless the parties agree otherwise. But here’s where people slip up—employer contributions often follow a vesting schedule.
If you try to divide unvested employer contributions through a QDRO, you might end up awarding money that the employee spouse never actually receives. At PeacockQDROs, we always check the vesting status to avoid that expensive mistake.

