Employee and Employer Contributions
A 401(k) plan generally includes two main types of contributions: those made by the employee (the participant) and those made by the employer. In a divorce, only contributions earned during the marriage are typically considered marital property.
- Employee Contributions: These are pre-tax or Roth contributions deducted from the participant’s paycheck. They’re always 100% vested.
- Employer Contributions: These depend on the employer’s vesting schedule and may or may not be fully owned by the employee at the time of the divorce.
When dividing the Arizona Auto Parts 401(k) Plan, make sure to identify the marital portion accurately and confirm the vested percentage of employer contributions to avoid disputes or overpayments.

