Employee and Employer Contributions
Both employee elective deferrals and employer matching or discretionary contributions may be subject to division. However, employer contributions in 401(k) plans often have vesting schedules. You must determine:
- What portion of the employer’s contributions are vested as of the separation or division date
- Whether the parties want to divide just vested funds or use a pro-rata division including future vesting
Anything not yet vested may be forfeited if the employee leaves the company before satisfying service requirements. That can significantly impact what the alternate payee receives.

