1. Employee vs. Employer Contributions
With a 401(k) plan, the employee typically defers a portion of their salary. The employer, in turn, may match contributions. However, not all employer contributions are immediately “vested.” If your spouse isn’t 100% vested at the time of divorce, a portion of their employer match could be forfeitable, meaning it shouldn’t be included in the division.
We carefully evaluate the vesting schedule to make sure only the non-forfeitable portion is included in the QDRO.

