1. Dividing Employee vs. Employer Contributions
Employee contributions are always 100% the employee’s property, but employer contributions may be subject to a vesting schedule. For the A.i.m. 401(k) Plan, you’ll want to confirm the vesting terms through the SPD or plan administrator. For example:
- If the participant has 3 years of service and the employer uses a 6-year graded vesting schedule, only 40% of employer contributions may be eligible for division.
- Unvested amounts will not transfer to the alternate payee and may eventually forfeit back to the plan sponsor.

