1. Employee vs. Employer Contributions
401(k) plans often include both employee contributions (fully vested) and employer matching contributions (subject to a vesting schedule). If you’re dividing the Hospice of the Bluegrass 401(k) Retirement Savings Plan, be sure to:
- Confirm what portion of the employer-match is vested as of the agreed division date
- Avoid awarding unvested amounts, unless specifically addressed in the divorce judgment
- Account for plan rules regarding forfeitures if the participant separates from service before fully vesting

