Employee and Employer Contributions
401(k) accounts frequently contain both employee and employer contributions. Only vested employer contributions are subject to division. If the employee is not fully vested at the time of divorce, the unvested amount cannot be awarded and may later be forfeited.
The vesting schedule should be reviewed carefully. This will often be outlined in the plan’s Summary Plan Description (SPD). PeacockQDROs routinely helps clients obtain and interpret this critical document.

