1. Contributions: Employee Contributions vs. Employer Matching
This plan likely includes both employee deferrals and employer matching contributions. When dividing assets, it’s critical to understand:
- Which contributions are vested and eligible for division
- How employer matching contributions are allocated and when they’re accessible
- Whether to include only pre-tax contributions or also include any Roth (after-tax) components
Employer contributions may be subject to a vesting schedule. Any non-vested funds at the time of divorce may not be eligible to divide—or the alternate payee may receive only the vested portion.

