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Thank you all for your feedback! I had switched jobs and continued gainful employment. All statements were provided with the unvested balance clearly identified with its gains/losses separately detailed and also forfeited according to the plan summary. I have seen no benefit from the unvested balance pre/post forfeiture and have been completely transparent. If there are certain circumstances other than a judge’s discretion or improper disclosure that would invalidate my position I’d be curious to hear about them. Of course every situation is unique but this is about as simple as it gets. I’m the AP, if it makes a difference. Thanks again!

We’re in Colorado. Apologies if I left out any other important information! Thanks for your help!

I had a forfeited unvested balance showing on my 401k statements, which resulted in my ex and I calculating different figures for our QDRO. The unvested balance was forfeited by a 5 year service break before filing the divorce petition. The company kept the forfeited balance in my account for a few months before transferring it back to their account. My position is that the forfeited unvested balance had no value to the marital estate prior to filing for divorce and should not be included in QDRO calculations. What is your opinion?