1. Contributions: Employee vs. Employer
A typical 401(k) includes both employee contributions (which vest automatically) and employer matching or profit-sharing contributions (which may follow a vesting schedule). Be sure the divorce agreement clearly states how each portion will be divided.
- Employee Contributions: These are fully owned by the participant and available for division.
- Employer Contributions: May be subject to vesting. If the participant hasn’t met the vesting requirement, some or all may not be available for the alternate payee.

