Vesting and Employer Contributions
One of the biggest issues in dividing a 401(k) is the vesting schedule. Employers typically set a schedule before an employee fully owns the employer-matching funds. If the employee isn’t fully vested, their spouse can’t receive the unvested portion—even in a divorce.
We review contribution and vesting statements to make sure any division proposed in the QDRO only applies to amounts that are actually allocated and vested.

