Dividing Employee and Employer Contributions
In a divorce, a former spouse (the “alternate payee”) can be awarded a portion of the participant’s account balance as of a specific date (often the date of separation or the date of divorce). This usually includes:
- Employee contributions: These are 100% vested and typically split based on a percentage or fixed dollar amount.
- Employer contributions: These are only divisible to the extent they are vested as of the valuation date. Unvested portions are not divided unless the participant later vests, in which case specific clause language is needed to address that possibility.

