1. Employee vs. Employer Contributions
This plan likely includes both the employee’s direct contributions and matching or discretionary employer contributions. Employer contributions are often subject to vesting schedules—meaning your spouse may not have full ownership of the funds unless they meet certain years of service. That’s why it’s critical to:
- Define whether you get a portion of vested funds only or both vested and unvested contributions
- Account for any forfeitures that may happen post-divorce

