1. Employee and Employer Contributions
One common mistake couples make is assuming that all the money in a 401(k) is fair game. While employee contributions are usually 100% vested from day one, employer-matching contributions may be subject to a vesting schedule. If the participant hasn’t met the necessary years of service, some of the employer contributions may not be divisible—they might simply be forfeited after divorce.
This makes it critical to obtain plan statements and contact the plan administrator to determine how much of the balance is fully vested and available for division. At PeacockQDROs, we handle this for you as part of our full-service QDRO process.

