1. Employee vs. Employer Contributions
One of the most common questions we get is: “Do I only get half of what my spouse contributed?” The short answer: you might be entitled to a portion of the entire balance, not just contributions made by your spouse.
The A Professional Aviation Services 401(k) Plan, like many 401(k)s, includes:
- Employee deferrals (traditional and/or Roth)
- Employer matching or discretionary contributions
It’s important to understand the full scope of the account and whether employer contributions have vested. If there are unvested employer contributions at the time of divorce, they may be excluded or set up with contingent language in the QDRO for future division if they vest later.

