1. Employee vs. Employer Contributions
One of the most common mistakes is assuming all funds in the 401(k) are available for division. However, some of the funds may be employer contributions, which are subject to a vesting schedule. If the employee spouse is not fully vested at the time of divorce, the non-vested portion may be forfeited if they leave the company—meaning it won’t be available for division.
At PeacockQDROs, we always ask for the exact vesting percentages as of the division date so we can help you understand what’s truly divisible and what’s not.

