Employee vs. Employer Contributions
A key issue when dividing a 401(k) plan is how to handle both employee deferrals (the amounts the employee saved from their paycheck) and employer contributions (such as profit-sharing or matching funds). The J&l Services, Inc.. 401(k) Profit Sharing Plan may include both.
- If your agreement is to divide the “total account balance,” both types will be shared.
- Some settlement agreements only divide the employee contribution portion—be clear about what’s included.

