1. Employee and Employer Contribution Division
In a typical 401(k), both the employee and employer may contribute. During divorce, both types of contributions are potentially divisible—but there’s a catch. While employee contributions are 100% vested immediately, employer contributions often come with a vesting schedule. That means some of the employer match may not be owned by the participant at the time of divorce and could be forfeited.
For the Rocco’s Collision 401(k) Plan, confirm the participant’s vesting percentage before drafting the QDRO. We recommend including specific language addressing how forfeitures are handled.

