Employee vs. Employer Contributions
This plan likely involves both employee deferrals and employer contributions. In most divorces, only the contributions made during the marriage — and any earnings on them — are community (or marital) property.
However, employer contributions often come with vesting schedules. If contributions were made but not fully vested during the marriage or at the time of division, an alternate payee may not be entitled to a portion of those funds. It’s critical to get a vesting breakdown from the plan administrator.

