Employee vs. Employer Contributions
Employee contributions are typically 100% vested and eligible to be divided. However, employer-matching or profit-sharing contributions may be subject to a vesting schedule. If the employee spouse is not fully vested, the alternate payee may receive less—or nothing—from that portion of the balance.
It’s critical to determine:
- Which contributions are vested as of the division date
- If unvested amounts can eventually be transferred to the alternate payee
- How to handle forfeitures should the employee spouse terminate employment

