1. Employee vs. Employer Contributions
A typical mistake is assuming all funds in the account are fully distributable to the alternate payee. Not so. Many 401(k) plans include employer matching contributions, which may be subject to a vesting schedule. This means a portion of the account might not even belong to the participant fully—let alone be available for division.
- Only vested employer contributions can be divided
- Unvested amounts may be forfeited or excluded

