Dividing Employee and Employer Contributions
401(k) plans typically include two parts: employee deferrals (what the worker puts in from their paycheck) and employer contributions (often profit sharing or matching). In many cases, these contributions are treated differently in divorce:
- Employee contributions: Fully vested and easier to divide.
- Employer contributions: These may be subject to a vesting schedule, which means only the vested portion is available for division.
For the Cator, Ruma & Associates, Co.. Profit Sharing 401(k) Plan, you’ll want to verify the vesting schedule to determine how much of the employer contributions are available for assignment to the alternate payee—the spouse who receives the award.

