Vesting and Forfeiture
Many 401(k) plans have a vesting schedule for employer contributions. This means that while the employee always owns 100% of their own contributions (plus any investment growth), they may only own a portion—or none—of the employer match, depending on how long they’ve been with the company.
If you’re dividing the account, it’s crucial to determine what portion is vested as of the date you and your spouse agreed to use (called the “valuation date”). Anything unvested cannot legally be assigned to the alternate payee and may revert back to the plan if forfeited after divorce.

