1. Employee and Employer Contributions
This 401(k) plan most likely includes contributions from two sources—employee salary deferrals and employer matching or profit-sharing contributions. It’s essential to know how much of each is being divided and whether the employer contributions are fully vested.
If the participant’s employer has made contributions that are not fully vested at the time of divorce, only the vested portion will be available to the alternate payee unless otherwise agreed. Any non-vested contributions will stay with the participant or may be forfeited per plan rules.

