Employee vs. Employer Contributions
It’s standard practice to divide just the marital portion of a spouse’s 401(k), but knowing what portion to divide matters. Employee deferrals are usually 100% vested, but employer contributions under this general business corporation plan may have required years of service to fully vest.
Any non-vested amounts as of the divorce date are not transferrable to the alternate payee and will be forfeited if the participant leaves the company before completing the vesting requirement.

