Employee and Employer Contributions
The Jm West Inc. 401(k) Profit Sharing Plan & Trust likely contains two types of contributions:
- Employee contributions: These are always 100% vested and are the participant’s own elective deferrals. They can be split without issue.
- Employer matching or profit-sharing contributions: These may be subject to a vesting schedule. Any unvested portion at the time of divorce isn’t divisible—it reverts to the plan if forfeited.
It’s essential to determine what part of the employer contributions, if any, are vested as of the date being used for division—often the date of separation or divorce filing, depending on your state.

