1. Employee and Employer Contributions
In divorce, not all contributions are treated equally. Employee contributions—often via elective deferrals—are typically 100% vested. Employer contributions, however, may be subject to a graded or cliff vesting schedule. This means a spouse may only receive a portion of the employer-funded account, depending on the participant’s length of service at the time of divorce.
- Plan language must specify: whether only vested amounts will be divided or whether the alternate payee has a right to receive future vesting
- Recommendation: Always request that the plan administrator confirm current vesting levels and share any pending vesting periods

