Employee vs. Employer Contributions
Employee contributions are considered fully vested and are usually eligible for immediate division. However, employer contributions (such as matching funds or profit-sharing contributions) may be subject to a vesting schedule. If the employee spouse hasn’t met the vesting requirements, some of those funds won’t be transferable.
It’s critical to determine:
- Which contributions are vested at the time of divorce
- Whether non-vested amounts should be reserved for future division
- How contributions made after separation should be handled

