1. Employee and Employer Contributions
In a divorce, both employee contributions (the salary deferrals) and employer contributions can be divided—but there’s a catch: employer contributions may be subject to a vesting schedule. If the employee spouse isn’t fully vested in the entire employer match at the time of divorce, the alternate payee (usually the non-employee spouse) may only receive a portion—or nothing at all—from the employer side of the account.
Always check the plan’s vesting schedule. If the participant spouse forfeits any unvested funds, these can’t be distributed to the alternate payee.

