1. Dividing Employee and Employer Contributions
When dividing the Michigan Scientific Corporation 401(k) Plan, it’s important to distinguish between what the employee contributed versus what the employer added. An alternate payee is usually entitled to a portion of both, depending on the divorce agreement—but employer contributions may be subject to vesting schedules.
If your spouse hasn’t worked at the company long enough, they may not be fully vested in the employer contributions. In that case, your portion could exclude some of the employer’s contributions.

