Employee vs. Employer Contributions
The Esther Delivery 401(k) Plan likely includes both employee salary deferrals and employer contributions (like matching funds). When dividing the account, it’s important to distinguish:
- Employee Contributions: These are usually 100% vested and can be divided directly.
- Employer Contributions: May be subject to a vesting schedule, meaning the employee spouse may lose part if they leave the company.
As the alternate payee, you’re only entitled to the vested portion of the benefit at the time of division. Always check with the plan to confirm what is vested versus forfeitable under the specific terms.

