1. Contributions from Employee vs. Employer
The Pivital, Inc.. Retirement Plan is a 401(k), so it likely consists of both employee contributions (deferred salary) and employer matching contributions. These must be analyzed separately, as only the portions accrued during the marriage are subject to division.
- Employee contributions are always 100% vested and generally easier to divide.
- Employer contributions follow a vesting schedule, which may mean some amounts are forfeited if the employee wasn’t fully vested at the time of divorce.

