Employee Contributions vs. Employer Contributions
When splitting the account, it’s important to distinguish between:
- Employee contributions: Always 100% vested and subject to division.
- Employer contributions: May be subject to a vesting schedule. If the employee isn’t fully vested at the time of divorce, the non-vested portion may be forfeited—even if awarded in the divorce.
If you’re the alternate payee, make sure to determine what portion of the account is actually vested. Request a vesting statement from the plan administrator as of the division date.

