Understanding Vesting and Forfeitures
Most 401(k) plans involve two types of contributions: employee deferrals and employer contributions. While employee deferrals are always 100% vested, employer contributions typically vest according to a schedule. If your former spouse hasn’t met the full vesting requirement, only the vested portion can be awarded through a QDRO. Additionally, unvested amounts may be forfeited after the divorce. These distinctions are crucial when drafting orders and setting realistic expectations about what can be divided.

