1. Employee vs. Employer Contributions
One major point of negotiation is whether just employee contributions—or both employee and employer match amounts—are to be divided. Employer contributions are often subject to vesting schedules, and unvested amounts may not be distributable to the alternate payee.
For parties negotiating a division, it’s important to:
- Clarify whether the employer match is included
- Determine what portion of the employer match is vested
- Acknowledge that unvested employer match amounts may be forfeited depending on the employee’s service time

