1. Employee vs. Employer Contributions
Most people assume the entire account balance is divisible—but employer contributions often have vesting schedules. You need to determine if unvested amounts are part of the division. A standard rule is to divide the employee-owned percentage, excluding any unvested employer match unless otherwise agreed upon.
For example, if your spouse has worked at Baxley Inc. for only two years and employer contributions are 6-year cliff vested, none of those employer funds may be considered vested or divisible yet.

