Employee vs. Employer Contributions
401(k) balances usually include both employee deferrals and employer contributions like matching. These two contribution sources may have different rules regarding division:
- Employee Contributions: Typically 100% vested and part of the divisible balance.
- Employer Contributions: Often subject to a vesting schedule. Only vested amounts can be transferred to the alternate payee.
Be sure to obtain a benefit statement so you can distinguish between vested and unvested funds before deciding how to divide the plan.

