1. Contributions: Employee vs. Employer
Most 401(k) plans include both employee contributions (usually immediately vested) and employer contributions, which may be subject to a vesting schedule. This matters—an alternate payee can’t typically receive any portion of unvested employer contributions.
In the case of the Nebraskaland Financial Services, Inc.. 401(k) Retirement Savings Plan, it’s important to:
- Identify employee contributions (which are usually marital property if earned during the marriage)
- Understand the employer’s vesting schedule—any unvested portion at the time of divorce may be forfeited

