1. Dividing Employee and Employer Contributions
This plan likely includes both employee deferrals and employer profit-sharing contributions. These are handled differently under a divorce order:
- Employee contributions are 100% vested and always included in the marital value.
- Employer contributions may be subject to vesting. Any unvested portion may be forfeited depending on the employee’s service time.
We usually specify that the Alternate Payee receives a defined percentage or dollar amount of the participant’s vested balance as of a certain date (such as the date of separation or divorce). If there’s a non-vested portion, that cannot be awarded until/if it becomes vested.

