Employee vs. Employer Contributions
This specific plan includes both employee deferrals and employer profit-sharing contributions. A major concern is which portions you can actually divide.
- Employee Contributions: These are always 100% vested and divisible. They include both traditional pre-tax and Roth after-tax contributions.
- Employer Contributions: These may be subject to a vesting schedule. Only the vested portion can be awarded to the alternate payee (usually the former spouse).
It’s crucial to confirm the participant’s vesting history as of the “marital cut-off date”—typically the date of separation or divorce petition—to avoid over-awarding unvested employer funds, which cannot be collected.

