Employee vs. Employer Contributions
It’s critical to clarify whether the division applies to just the employee’s own contributions or also includes employer contributions. Many divorces use a “coverture formula” to divide only the marital portion of the account. In the Avalon 401(k) Plan, you must also consider whether employer contributions were fully vested at the time of divorce. Unvested contributions may be unavailable to the alternate payee and could revert back to the employer if the employee leaves before they vest.

