1. Employee and Employer Contributions
In most 401(k) plans, you’ll see both employee (participant) and employer contributions. While employee contributions are always fully vested immediately, employer contributions may be subject to two types of vesting schedules: graded or cliff. If the participant leaves before they’re fully vested, some of those employer contributions get forfeited—and the alternate payee isn’t entitled to them. That’s why checking the participant’s vesting status as of the date of divorce is essential to avoid awarding funds that don’t exist.

