Dividing Employee and Employer Contributions
When dividing the Incite Tax 401(k) Plan, be aware that employees (through salary deferrals) and employers (via matching or discretionary contributions) may both contribute to the account. In most divorces, the marital portion is what is divided—that usually means contributions made, and earnings accrued, from the date of marriage to the date of separation or divorce.
However, employer contributions are often subject to vesting. If contributions weren’t fully vested at the time of separation, they may be forfeited or excluded from division. This information must be obtained from the plan administrator and reflected in the QDRO terms.

