1. Division of Employee and Employer Contributions
401(k) plans often include both employee deferrals and employer matching or profit-sharing contributions. When dividing the Alma Realty Corp. 401(k) Plan, it’s important to decide whether the alternate payee will receive a share of just the employee contributions or both components.
In most cases, courts award a percentage of the total account accrued during the marriage. However, if the employer contributions are subject to vesting, the alternate payee may not be entitled to all contributions at the date of division.

