Employee vs. Employer Contributions
This plan includes both employee contributions (which are usually 100% vested immediately) and employer profit-sharing contributions (which may be subject to a vesting schedule). If you’re the alternate payee (the spouse receiving a share), you should understand that:
- You’re typically entitled to a portion of the employee’s vested balance as of the divorce date or another defined valuation date.
- Only vested employer contributions can be included unless both parties agree otherwise—and plan rules allow it.
- Any unvested employer money as of the valuation date may be forfeited depending on how long the employee continues working.

