1. Allocating Employee vs. Employer Contributions
The Mills Group Employee Retirement Savings Plan may include both employee salary deferrals and employer match contributions. These must be divided differently depending on the divorce settlement. Often, employee contributions and their earnings are 100% available for division. Employer contributions, however, may be subject to a vesting schedule, which determines what percentage is legally yours at the time of divorce.
We always verify whether the alternate payee (the spouse receiving a portion) is entitled to just the vested portion or all contributions. If an account includes unvested employer funds, they may be forfeited if the participant leaves the company, reducing the total amount divided.

