Employee vs. Employer Contributions
The D.law, Inc.. 401(k) Profit Sharing Plan likely includes both employee deferrals and employer profit-sharing contributions. In divorce, it’s important to clarify whether the division includes just the employee’s portion or also the employer contributions—especially if some of them are not yet vested.
For example, only vested employer contributions can be legally transferred to the alternate payee (the ex-spouse). Any non-vested amounts at the time of divorce are typically forfeited if the employee leaves the company shortly after.

