Employee and Employer Contributions
In most divorces, the alternate payee is entitled to a portion of the vested account balance earned during the marriage. This includes both employee salary deferrals and any vested employer matching or profit-sharing contributions.
Q: Are unvested employer contributions included?
A: No, the alternate payee is typically not entitled to any unvested portion unless your divorce settlement says otherwise. That’s why it’s essential to understand the plan’s vesting schedule, which varies by employer.

