1. Employee vs. Employer Contributions
The total value of a 401(k) benefit often includes both what the employee has contributed and what the employer has matched. But you can’t assume all of it is immediately divisible.
- Employee Contributions: Usually 100% vested and fully transferable.
- Employer Contributions: Often subject to a vesting schedule.
In some cases, the Alternate Payee may only be entitled to the vested portion of the employer contribution. The unvested portions can eventually be forfeited if the spouse leaves employment before vesting fully.

