Vesting Schedules and Forfeited Employer Contributions
In many 401(k) plans, employer contributions are subject to a vesting schedule. If the employee hasn’t been with the company long enough, the employer’s portion may not be fully vested. That means any unvested amounts can’t be shared with a former spouse. In the Pierce Atwood Llp 401(k) Plan, it’s essential to determine how much is vested as of the date of divorce. Unvested amounts may be forfeited entirely depending on how the plan is structured.

