1. Unvested Employer Contributions
This plan likely includes both employee deferrals and employer matching or profit-sharing contributions. However, employer contributions often come with a vesting schedule. If your divorce is occurring before the plan participant becomes fully vested, any unvested employer contributions may be forfeited. That means the alternate payee’s award should be based only on the vested portion of the account as of the division date. One simple mistake here could result in an award that can’t be paid.

