Employee vs. Employer Contributions
Participants in this plan may have both employee salary deferrals and employer profit-sharing contributions. It’s essential to clarify whether the alternate payee will receive a portion of just the employee’s contributions or also a share of any employer match or profit-sharing contributions.
Many courts divide the total account balance as of a specific date (called the “valuation date”), but if the plan includes unvested employer contributions at that time, you’ll need to be cautious. Often, the alternate payee is awarded only the vested portion.

