Employee vs. Employer Contributions
It’s essential to spell out whether the division includes:
- Employee contributions only (money deferred from paychecks),
- Employer contributions (profit sharing or matching), or
- Both types of contributions.
Often, employer contributions are subject to a vesting schedule. An alternate payee isn’t entitled to any portion of the employer match that is not yet vested at the time of divorce. Confirm vesting records through the administrator or the Summary Plan Description (SPD).

