1. Employee and Employer Contributions
The Barnett Harley Davidson, Lp 401(k) Ps & Trust likely contains both employee contributions (usually 100% vested immediately) and employer contributions, which may be subject to a vesting schedule. When dividing the account, it’s critical to determine:
- Which contributions are marital vs. separate (usually based on service dates and marriage duration)
- Which employer contributions were vested as of the cutoff date stated in the divorce
If the participant is not fully vested, the alternate payee (usually the former spouse) may not be entitled to unvested portions. This is a common area for error.

