Employee and Employer Contributions
401(k) plans include both employee deferrals and employer contributions. However, employer contributions are often subject to a vesting schedule. This means only a portion (or none) of the employer-funded account balance may be considered “marital property” at the time of divorce.
If your QDRO fails to take vesting into account, you could be assigning benefits the participant doesn’t even have the right to keep. At PeacockQDROs, we factor in current and projected vesting schedules to avoid this mistake.

