Employee vs. Employer Contributions
The Heights Support Services Inc.. 401(k) Plan likely includes both employee deferrals and employer match contributions. Be aware that employer contributions are often subject to a vesting schedule. The alternate payee is only entitled to the vested portion as of the cutoff date agreed to in the divorce—usually the date of separation, filing, or divorce judgment.
Your order must clearly identify whether the division includes:
- Only vested balances
- Vested and unvested amounts (rarely allowed)
- Just employee contributions, or employer contributions as well

