1. Employee vs. Employer Contributions
With 401(k) plans, employee contributions (the portion deducted from the participant’s paycheck) are 100% vested from day one. Employer contributions, however, often follow a vesting schedule—gradually becoming the participant’s property over time. A common mistake we see is assuming that all funds in the plan are divisible. To avoid this error, identify how much of the employer match is vested as of the date of divorce or the agreed valuation date.
If your divorce decree awards 50% of the entire account balance without reserving for unvested funds, the order will likely be rejected or need revision.

