1. Employee and Employer Contributions
The Bhp 401(k) Plan is likely to include both employee deferral contributions and employer matching or discretionary contributions. Only vested portions of employer contributions can typically be divided. This makes it essential to determine:
- How much of the employer contributions are vested
- Whether those contributions are subject to a time-based vesting schedule
- Whether any amount is forfeited due to the employee’s incomplete service time
If you’re the alternate payee, don’t assume the numbers in the account are all subject to division—some employer contributions might still be unvested and therefore nontransferable.

