1. Employee and Employer Contributions
Most 401(k) plans include both employee contributions (money taken directly from paychecks) and possibly employer matching contributions. In some cases, only the employee contributions are fully vested right away, while employer dollars may vest over time.
When splitting the plan, it’s important to determine:
- Which contributions are vested as of the date of divorce
- Whether the alternate payee is entitled to just the vested portion or some portion of unvested employer funds
- Whether contributions made after the divorce date should be included

