1. Dividing Contributions: Employee vs. Employer
With 401(k) plans, participants typically make pre-tax or Roth contributions, and employers may match a portion or make discretionary contributions. Only the vested employer contributions can be divided in divorce.
If your spouse has employer contributions that aren’t fully vested, the alternate payee (non-employee spouse) won’t be entitled to those unvested amounts. If you’re unsure about the vesting schedule, request the SPD or contact the plan administrator directly.

