Employee vs. Employer Contributions
In most divorce agreements, the division is based on either a percentage or fixed dollar amount of the participant’s total vested account balance as of a specific date (typically the divorce date or separation date). It’s important to understand that:
- The participant’s personal contributions (including any pre-tax or Roth contributions) are always 100% vested.
- Employer matching or profit-sharing contributions may be subject to a vesting schedule. Any unvested funds are not payable to the alternate payee.
- If a division is based on total account balance, you should specify “vested only” to avoid errors.

