1. Employer vs. Employee Contributions
In a divorce, only vested amounts can be awarded to the former spouse (also known as the “alternate payee”). Employee contributions are always 100% vested, but employer contributions may vest over time according to a plan-specific schedule. If your spouse is not fully vested at the time of divorce, part of those employer contributions could be forfeited.
Be sure to request the most recent vesting statement from the plan administrator before dividing the account.

