Employee vs. Employer Contributions
In the Baxter Hodell Donnelly Preston, Inc.. Savings Incentive Plan and Trust, contributions might include both the employee’s salary deferrals and employer matches. Only the portion that accrued during the marriage is usually subject to division—but determining that portion requires careful records and a specific cut-off date, typically the date of separation or divorce judgment.
It’s also important to recognize that while employee contributions are always 100% vested, employer contributions may not be. So you’ll need to check the plan’s vesting schedule. If the employee isn’t fully vested, the alternate payee (the non-employee spouse) may only receive a portion of the employer contributions, if any.

