Employee vs. Employer Contributions
First, understand the structure of the retirement account. The Smith & Nephew, Inc.. Savings Plan Puerto Rico is a 401(k), which typically includes:
- Employee Pre-tax Contributions
- Employer Matching or Non-elective Contributions
- Roth Contributions (if offered)
Employee contributions are always 100% vested and must be included in the divided balance. Employer contributions, however, may be subject to a vesting schedule. Only the vested portion as of the date of divorce will be eligible for division unless otherwise negotiated.

