1. Employee vs. Employer Contributions
Employee contributions are typically 100% vested immediately, meaning they’re fully counted as marital property. Employer contributions, on the other hand, often follow a vesting schedule.
For the C. Caramanico & Sons, Inc.. 401(k) Plan, we’ll need to confirm:
- Whether your spouse’s employer contributions were fully vested as of the date of separation or divorce
- How to handle unvested funds (usually these are excluded from the alternate payee’s share)
We’ll make sure your order draws clear lines so there’s no confusion once reviewed by the plan administrator.

