1. Dividing Contributions: Employee vs. Employer
This plan likely includes both employee contributions (which are always 100% vested) and employer contributions (which may be subject to a vesting schedule). When dividing the account, it’s crucial to:
- Clarify whether the alternate payee will receive a share of just the vested portion or also the non-vested amounts as of the division date.
- Specify whether the division includes only employee contributions, or if employer contributions are also divided.

